Dasrath vs The State Of Madhya Pradesh
2023 Latest Caselaw 4194 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                    CRA No. 2350 of 2022
                                              (DASRATH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 16-03-2023
                               Shri Mukesh Sinjonia - Advocate for the appellant.

                               Shri K. K. Tiwari - Govt. Advocate for the respondent/State.

Heard on I.A. No.10824/2022, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C filed on behalf of the Appellant - Dashrath.

The Trial Court has convicted the appellant under Sections 460 and 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000/- and Life Imprisonment with fine of Rs.10,000/- respectively, with default stipulation, vide judgment of conviction and order of sentence dated 21.12.2021 passed by First Additional Sessions Judge, Narsinghgadh, District - Rajgarh (M.P.) in S.T. No.160105/2016.

As per prosecution case, in intervening night from 08:00 PM-07:00 AM on 11.10.2015-12.10.2015, the present appellant and co-accused persons had murdered the deceased Ram Singh by means of sharp cutting weapons in his

house.

Learned counsel for the appellant submits that the appellant has not committed the offence and he has falsely been implicated in the matter. There is no direct evidence in the case and entire prosecution case depends upon circumstantial evidence. Learned trial Court has convicted the appellant only on the ground of last seen together and mobile phone of deceased was recovered from the present appellant. But, it is not established in the case from prosecution evidence that the mobile recovered from the present appellant was Signature Not Verified Signed by: SHRUTI JHA Signing time: 17-03-

2023 10:17:34

of the deceased. In respect of last seen, son of deceased Bhawarlal (PW-9) has not stated that he had seen the appellant with the deceased just before the incident. Statement of Amritlal (PW-2) is also not reliable without any corroboration of other evidence. During trial, the appellant was on bail and he is in custody since the date of judgement i.e., 21.12.2021. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and the appellant may be released on bail.

P e r contra, learned Govt. Advocate for the respondent/State has opposed the prayer of appellant and prays for rejection of the application for suspension of sentence.

We have heard learned counsel for both the parties and perused the record.

Considering the evidence available on record against the appellant, coupled with the fact that final hearing of this appeal is not possible in near future. Therefore, we are inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.10824/2023, is allowed. I t is directed that subject to depositing the fine amount, if already not deposited, Appellant - Dashrath shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 15.06.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

Signature Not Verified Signed by: SHRUTI JHA Signing time: 17-03-

2023 10:17:34

                            (S. A. DHARMADHIKARI)       (PRAKASH CHANDRA GUPTA)
                                     JUDGE                       JUDGE
                         Shruti




Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 17-03-
2023 10:17:34