Madhya Pradesh High Court
Sanehi Prasad vs The State Of Madhya Pradesh on 2 November, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1393 of 2017
(SANEHI PRASAD Vs THE STATE OF MADHYA PRADESH)
Dated : 02-11-2023
Shri Ashish Trivedi - Advocate for appellant.
Shri Punit Shroti - Government Advocate for the respondent-State.
Heard on I.A. No.18832 of 2023, an application under Section 389(1)
of the Cr.P.C for suspension of sentence and grant of bail to appellant Sanehi
P ra s a d aris ing out of judgment dated 09/03/2017 delivered in S.T.
No.46/2013 passed by IInd Additional Sessions Judge, Lakhnadon, District
Seoni (M.P.).
T h e appellant has been convicted for the offence punishable under
Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of
Rs.1,000/-, Section 201/34 of IPC and sentenced to undergo R.I. for three
years with fine of Rs.500/- and Section 312/511 of IPC and sentenced to
undergo R.I. for one years with fine of Rs.500/-, with default stipulations.
Learned counsel for the appellant submits that as per prosecution story,
the deceased had an illicit relation with accused Tuntun @ Raju and appellant
along with Raju has murdered her and thrown her in a well. As per para-64 of
the impugned judgment, Raju @ Tuntun was found to be biological father of the
fetus found in the body of the deceased. The Court below has acquitted Raju
but held the appellant as guilty solely on the basis of last seen evidence. The last
seen evidence is a weak piece of evidence and conviction solely based on last
seen theory is vulnerable. The appellant remained in actual custody for about 8
years and final hearing of this appeal is not possible in near future.Thus,
remaining jail sentence of appellant may be suspended.
Signature Not Verified
Signed by: MANJU
Signing time:
11/2/2023 5:04:36 PM
Learned Government Advocate opposed the prayer on the basis of
objection.
Considering the aforesaid factual backdrop and period of custody and
bleak chances of final hearing of this appeal in near future, without expressing
any opinion on merits of the case, we deem it proper to suspend the remaining
jail sentence of the appellant.
Accordingly, I.A. No.18832 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant is hereby suspended and it is directed that
appellant Sanehi Prasad be released on bail on his furnishing a personal
bond for a sum of Rs.30,000/- (Rupees Thirty 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, Lakhnadon, District -
Seoni o n 4 th of December, 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) (DWARKA DHISH BANSAL)
JUDGE JUDGE
manju
Signature Not Verified
Signed by: MANJU
Signing time:
11/2/2023 5:04:36 PM
