Sandeep @ Tanti vs The State Of Madhya Pradesh
2023 Latest Caselaw 3638 MP

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          IN THE HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                  CRIMINAL APPEAL No.8501 of 2022
        (SANDEEP @ TANTI Vs. THE STATE OF MADHYA PRADESH AND OTHERS)


Dated : 01-03-2023

        Shri Surendra Singh, Senior Counsel with Shri A.K. Dubey, Advo-
cate for the appellant.
        Shri S.K. Kashyap - Government Advocate for the respondent/State.

Heard on I.A.No.17923 of 2022, which is the first application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant Sandeep @ Tanti.

The appellant has filed this Criminal Appeal being aggrieved by the judgment of conviction and sentence dated 22.07.2022 passed by Special Judge (SC/ST Act), Khandwa, District Khandwa (M.P.) in SCATR No.132/2020, whereby the appellant has been convicted under Sections 302/34 of the IPC and sentenced to undergo R.I. for life with fine of Rs.1,000/- and R.I. for 2 years with fine of Rs.1,000/- with default stipula- tion.

Learned senior counsel for the appellant submits that there was no eye witness in the case and the case is based on hearsay evidence. Trial Court has relied upon the evidence which is not legally admissible. He further submits that there are material contradictions, improvements, omissions in the statements of prosecution witnesses but trial Court has ignored the same and convict the appellant illegally. No incriminating materials were seized from the possession of appellant. As per DNA re- port (Ex.P-42), DNA of deceased did not match with that of appellant Sandeep @ Tanti. It is also submitted that allegation against the appel- lant is only that he has caught hold of the deceased from the back. Ap-

pellant has not caused any injury to deceased. FIR (Ex.P-24) was lodged by Sofiya but prosecution has failed to produce Sofiya for examination before the Trial Court, therefore, FIR (Ex.P-24) is not proved as per the law. Other hearsay witnesses who stated in their examination before the trial Court that Sofiya has told them about the incident, which is not ad- missible in evidence and except Sofiya there is no eye witness in the case, therefore, judgment of conviction passed by the trial Court is bad in law and liable to be set aside.

Learned Senior Counsel for the appellant in support of his argu- ments has placed reliance on the judgments of Jagdish Prashad Appel- lant v. The State Respondent (AIR 1979 SC 1510), Bhugdomal Gan- garam and others etc. Vs. The State of Gujarat (AIR 1983 SC 906) and V.M. Mathew Vs. V. S. Sharma (AIR 1996 SC 109).

Learned Senior counsel for the appellant also submits that the ap- pellant is in custody since the date of his arrest i.e. 06.10.2020 and sub- mits that this is an appeal of the year 2022 and there is no possibility of early hearing of this appeal in near future, hence, prays for suspension of remaining jail sentence and grant of bail to appellant.

Per contra, learned counsel for the respondent/State opposed the prayer and submits that trial Court has passed the judgment after proper appreciation of evidence that came on record and has rightly held the appellant guilty, hence, prays for rejection of application for suspension of sentence and grant of bail.

We have heard the learned counsel for the parties at length and pe- rused the record and also gone through the citations placed by the learned Senior Counsel for the appellant.

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits, we deem it proper to suspend the re-

maining jail sentence of the appellant. Accordingly, I.A. 17923 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Sandeep @ Tanti is hereby sus- pended and it is directed that the appellant be released on bail on his fur- nishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) 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, Khandwa on 01st May, 2023 and also on such other dates as may be fixed by the Trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                       (SUJOY PAUL)                              (AMAR NATH (KESHARWANI))
                         JUDGE                                            JUDGE

        DPS
DHEERAJ PRATAP SINGH
2023.03.03 11:43:49 +05'30'