Altamas @ Aashu vs The State Of Madhya Pradesh
2023 Latest Caselaw 7272 MP

       IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                           Cr.A.No.3882/2023
                   (Altamas @ Anshu Vs. State of M.P.)

Indore : Dated 3.5.2023
      Shri Ratnesh Kumar Gupta, learned counsel for the appellant.
      Shri Bhuwan Gautam, learned counsel for the respondent/State.

___________________________________________________________ Heard on I.A. No.3829/2023, which is first application filed under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant-Altamas @ Anshu.

Learned Trial Court has convicted the appellant under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000/- with default stipulation, vide judgment of conviction and order of sentence dated 17.1.2023 passed by the 1 st Addl.Sessions Judge, Jaora, District Ratlam in Special S.T. No.51/2017.

As per prosecution case, the deceased was real sister of the present appellant. She was newly married woman. The deceased having fallen in bad company, which had caused concern for the whole family and had brought bad name to them in the society, due to this on 11.10.2017 at around 10.15 to 10.45 PM appellant had beaten the deceased and after putting her in the boot of Indigo Car bearing registration No.MP-09-CP- 2581 he took her at the bridge over the Malini river, Ujjain-Jaora Road, village Nayapura. Thereafter, he caught hold of her hands and legs and threw her in the Malini river, which resulted her death by drowning and thereby appellant committed murder of the deceased.

Learned counsel for the appellant submits that the prosecution case depends upon the circumstantial evidence. Eye-witnesses of the incident Aslam (PW-3), Umar Sheikh (PW-5) and Bhadar Khan (PW-6) had not supported the case of prosecution. Chain of circumstances are not completed and also not exclusive against the appellant. Appellant was in IN THE HIGH COURT OF MADHYA PRADESH AT INDORE Cr.A.No.3882/2023 (Altamas @ Anshu Vs. State of M.P.)

custody from 21.10.2017 to 20.5.2019. He is also in custody since 17.1.2023 i.e. from the date of judgment. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining sentence may be suspended and the appellant may be released on bail.

Learned Government Advocate for the respondent/State opposes the prayer of appellant and prays for rejection of the application.

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

Looking to the facts and circumstances of the case and also considering the circumstantial evidence against the appellant, at this stage we are not inclined to grant suspension of jail sentence. I.A.No.3829/2023 is accordingly rejected.

List the matter for final hearing in due course.

                                                        (S.A.Dharmadhikari)                     (Prakash Chandra Gupta)
                                                                Judge                                     Judge



              Patil

Digitally signed by SHAILESH PATIL
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH INDORE, ou=HIGH COURT OF MADHYA
PRADESH BENCH INDORE,

2.5.4.20=837fe9c27fdece0f7f4ec7150827760f68beff 4d709b9f59439e1d51ace79637, postalCode=452001, st=Madhya Pradesh, serialNumber=3E01C00D600649CCA41365593337D EF53CC3D6A3E63493017489D6D6B6975E7F, cn=SHAILESH PATIL Date: 2023.05.04 09:55:35 +05'30'