Amra @ Amka vs The State Of Madhya Pradesh
2023 Latest Caselaw 11164 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 11218 of 2022
                                              (AMRA @ AMKA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-07-2023
                                Shri Vivek Singh, learned counsel for the appellant.

                                Shri Gaurav Singh Chouhan, learned Government Advocate for the
                          respondent/State.

(1) Heard on I.A.No.2487/2023, which is third application filed under Section 389(1) of the Criminal Procedure Code, 1973 for suspension of jail

sentence and grant of bail filed on behalf of appellant-Amra @ Amka.

(2) The appellant has been convicted vide judgment dated 12.09.2022 p as s ed by the learned Additional Sessions Judge (Shrankhla Nyayalay) Sanawad, District West Nimad, Mandleshwar in S.T.No.31/2020 and sentenced him as under:-

Imprisonment Section & Act Imprisonment Fine in lieu of fine amount

Life 302 IPC Rs.50,000/- 6 months R.I.

Imprisonment

201 IPC 7 Years R.I. Rs.10,000/- 2 months R.I.

(3) As per prosecution story, on 17.01.2019 at 8:50 am in the middle of the farms of Dadu Yadav and Shobharam at Dehri road, village Mardliya, police station Bediya, body of Gopal and Radha was found at night and Heera Charan and Valibai saw the accused Amra @ Amka wearing blood stained clothes in the night of the incident and when the accused was taken into custody, he Signature Not Verified Signed by: REENA JOSEPH Signing time: 7/19/2023 6:09:25 PM

accepted that he killed the two persons with Stone and the police recovered blood stained stone and blood stained clothes from accused. After concluding the trial, the trial Court convicted and sentenced the appellant under the aforementioned Sections.

(4) Learned counsel for the appellant submitted that the case is based on circumstantial evidence and there is no eye witness in this case. There is no direct evidence and prosecution had not completed the chain of circumstantial evidence against the accused. There is no evidence that the blood stained stone and blood stained clothes recovered from accused on 21.01.2019 and sent to FSL in a sealed cover on 21.02.2019. During this period these articles were

kept properly or not is not proved. Final hearing of this appeal is not possible in near future. Hence, prays for suspension of jail sentence and grant of bail to the appellant.

(5) Learned Government Advocate for the respondent/State opposes the prayer for suspension of sentence and prays for its rejection.

(6) We have heard the learned counsel for the parties and perused the record.

(7) After hearing the learned counsel for the parties and on perusal of the record, considering the prosecution evidence of Valibai (PW-5) and Heera (PW-7), FSl report, other medical evidence and in view of the material available on record against the appellant, we find that it is not a fit case for suspension of sentence and grant of bail to the appellant.

Accordingly I.A.No.2487/2023 stands rejected. Certified copy as per rules.

                            (S. A. DHARMADHIKARI)                                              (HIRDESH)
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 7/19/2023
6:09:25 PM

                               JUDGE       JUDGE

                          RJ




Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 7/19/2023
6:09:25 PM