Madhya Pradesh High Court
Jacky Vanshkar vs The State Of Madhya Pradesh on 25 July, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10238 of 2022
(NITIN KAROSIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
CRA No. 10976 of 2022
(JACKY VANSHKAR Vs THE STATE OF MADHYA PRADESH)
Dated : 25-07-2023
Shri Sourabh Shrivastava - Advocate for the appellant in CRA
No.10238 of 2022.
Shri Abhinav Dubey - Advocate for the appellant in CRA No.10976 of
2022.
Shri Ajay Shukla - Government Advocate for the respondent/State.
Heard on I.A No.17499 of 2023, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant - Nitin
Karosiya and I.A.No.17599 of 2023, an application under Section 389(1) of
the Cr.P.C. and grant of bail to appellant - Jacky Vanshkar arising out of
judgment dated 30.09.2022 delivered in SCATR No.68/2018 by the Special
Judge (Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,
1989, District Narmadapuram (M.P.).
The appellants have been convicted under Section 302/34 of the IPC and
sentenced to undergo R.I. for life with fine of Rs.2,000/-, w it h default
stipulation.
Shri Sourabh Shrivastava, learned counsel for the appellant - Nitin
Karosiya and Shri Abhinav Dubey, learned counsel for the appellant - Jacky
Vanshkar jointly urged that no previous applications for suspension of
sentence was dismissed on merits. There is no eye witness to the incident. The
case of prosecution is based on circumstantial evidence. The circumstantial
Signature Not Verified
evidence are based on "last scene theory" and recovery of blood stains cloths
Signed by: SARSWATI
MEHRA
Signing time: 7/27/2023
10:51:55 AM
from the appellants. So far last scene theory is concerned, Para-33 of judgment
shows that accused Manish and Altaf were last seen together with the deceased.
This Court has already granted benefit of suspension of sentence to Manish and
Altaf by common order dated 17.07.2023 passed in their connected appeals. So
far recovery is concerned, the blood stains cloths were also allegedly recovered
from accused Yasin Khan and accused - Altaf Khan. However, since the FSL
report was not confronted with the appellants, this Court granted them benefit
of suspension of sentence. Thus, on the basis of parity, the appellants may be
given similar treatment.
Learned Government Advocate for the State opposed the prayer on the
basis of objection. However, he did not dispute the parity with the present
appellants.
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on merits, we deem it proper to suspend the remaining jail
sentence of these appellants.
Accordingly, I.A. No.17499 of 2023 & I.A.No.17599 of 2023 are
allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellants - Nitin Karosiay and Jacky Vanshkar
are hereby suspended and it is directed that appellants be released on bail on
their furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty
Thousand only) e a c h with one solvent surety of the like amount to the
satisfaction of the trial Court with a further direction to appear before the trial
Court, District Narmadapuram on 20 t h October, 2023 and also on such
other dates as may be fixed by the said Court in this regard during the pendency
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 7/27/2023
10:51:55 AM
of this appeal.
Certified copy as per Rules.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
sm
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 7/27/2023
10:51:55 AM
