Pradeep @ Rinku Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 7325 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 7977 of 2019
                                        (PRADEEP @ RINKU MISHRA Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-05-2023
                                Shri Manish Datt-Sr. Advocate with Shri Siddharth Datt- Advocate for

                         appellant.
                                Shri S.K. Kashyap - Government Advocate for respondent/State.

Heard on I.A No. 17515 of 2019, a first application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellant-

Pradeep @ Rinku Mishra arising out of judgment dated 26.08.2019 delivered in SCATR No. 11/2016 passed by Special Judge SC/ST ( Prevention of Atrocities Act ) 1989, Seoni District Seoni (M.P).

The appellant has been convicted under Section 302/34 of the I.P.C. and sentenced to undergo R.I. for life with fine of Rs.5,000/- and under Section 449 of IPC and sentenced to undergo RI for 10 years with fine of Rs. 2000/- with default stipulations.

Learned counsel for the appellant submits that the accused Pradeep @ Rinku Mishra without reliable evidence has been convicted under the above

sections. The prosecution has failed to prove their case beyond reasonable doubt, therefore, the benefit of doubt have to be given to the accused. Even otherwise, there are material contradictions,omissions and improvement in the statement of the prosecution witnesses, therefore, they shall be disbelieved and there are no independent witnesses, therefore, a prayer for suspension of sentenced has been made.

Learned counsel for the respondent/State has filed their written objection and stated that the judgment is founded on reliable evidence and no ground is Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 5/9/2023 11:52:19 AM

made out for suspension of sentence in such an heinous offence of murder.

We have perused the judgment of the learned trial Court and as per learned Senior counsel for the appellant, the appellant is under custody since 12-12-2015. Learned Senior counsel has specifically mentioned that the case is based on the sole testimony of Smt. Dasia Bai (PW-1), who is the mother of the deceased Balram. We have perused the statements of Smt.Dasia Bai (PW-1) and Mukesh (PW-2) and statements of other witnesses.

Considering the aforesaid factual backdrop, and without commenting on the merits of the case, we deem it fit to decline suspension of remaining sentence at this stage but, grant liberty to file application on completion of 8

years of imprisonment by the appellant.

Accordingly, I.A No. 17515 of 2019 stands disposed of. Certified copy as per rules.

                              (SUJOY PAUL)                             (AVANINDRA KUMAR SINGH)
                                 JUDGE                                          JUDGE

                         PG




Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 5/9/2023
11:52:19 AM