Nilesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8710 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 6008 of 2022
                                           (NILESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-06-2023
                                Shri Siddarth Datt-Advocate with Shri Sankalp Kochar, Advocate and

                          Narendra Tiwari, Advocate for the appellants.
                                Shri Vijay Shukla- Government Advocate for the respondent/State.

Heard on I.A. No.20643/2022 and I.A.No.24396/2022 applications under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and

grant of bail to the appellants arising out of judgment dated 7.7.2022 delivered in S.T. No.64/2018 by Ist Additional Sessions Judge, Begamganj, District Raisen.

T h e appellants have been convicted under Section 302 of IPC and sentenced to undergone R.I. for Life with fine of Rs.1000/-, Section 201 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.500/- and Section 395 of IPC and sentenced to undergo R.I. for Life and sentenced to undergo RI for Life with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellants submits that there is no eye witness to

the incident. Prosecution case is based solely on circumstantial evidence i.e. last scene and recovery. There is no reliable prosecution evidence regarding last scene and recoveries allegedly made from the appellants, therefore, relying on Jabir and others Vs. State of Uttarakhand 2023 Livelaw (SC) 41, Shankar Vs. The State of Maharashtra 2023 Livelaw (SC) 212, Lallusingh Vs. State of M.P. 1996 MPLJ 452, learned counsel for the appellants prays for suspension of sentence and grant of bail to the appellants.

On the contrary, learned Government Advocate has vehemently opposed Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 6/16/2023 2:53:02 PM

the bail application and submits that there is sufficient evidence available in the form of last scene and recoveries and trial Court has rightly convicted the appellants. Therefore, he prays for dismissal of the bail application.

Taking into consideration the evidence available on record regarding last scene and recovery, specially the statements of Khadak Singh (PW-10) and Ravi (PW-11) and nature of recoveries made from the appellant, evidence relating thereof coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the jail sentence of the appellants.

Accordingly, aforesaid IAs are allowed.

Subject to depositing the fine amount, if not already deposited, the jail sentence of the appellants is hereby suspended and it is directed that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount each to the satisfaction of the trial Court with a further direction to appear before the concerning trial court, Raisen on 22 August, 2023 and also on such other dates, as may be fixed by the trial Court in this regard during the pendency of this appeal.

C.c. as per rules.

                               (SUJOY PAUL)                                  (ACHAL KUMAR PALIWAL)
                                  JUDGE                                               JUDGE

                          sh




Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 6/16/2023
2:53:02 PM