Atar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 18522 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 3851 of 2021
                                              (ATAR SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 03-11-2023
                                Shri Vikas Saxena - Advocate for appellant.

                                Shri Kaushalendra Singh - Public Prosecutor for respondent/State.

Heard on IA No.6525 of 2023, which is third repeat application under Section 389(1) of Cr.P.C. moved on behalf of appellant - Atar Singh @ Tunda.

Present appellant stood convicted under Section 302 IPC and sentenced

to undergo life imprisonment with fine of Rs.5000/- with default stipulation vide judgment of conviction and order of sentence dated 09.03.2021 passed by Sessions Judge, Bhind (Madhya Pradesh) in Sessions Trial No.82/2017.

The appellant so far has undergone jail sentence of six years and four months.

A s per prosecution story, on 06.01.2017 at about 11.00 am deceased Bhogiram Baghel, resident of village Jeend Ki Gadiya, Mauja Kanawar, Police Station Umari, District Bhind had gone to Nadori Jungle near Kwari River for cattle's grazing. 10-15 minutes just after Bhogiram left the place, present

appellant Atar Singh and accused Naresh, who was armed with an axe, enquired about Bhogiram from Punam and left from there. When in the evening Bhogiram did not return, intensive search was made to find him out. On 08.01.2017 dead- body of Bhogiram was found in Nadori Jungle. Crime Case No. 07/2017 was registered. Investigation started. After completion of investigation, charge sheet was filed and the case was committed to the Sessions Court. The Sessions Court upon critical evaluation of the evidence placed on record has convicted and sentenced the appellant as referred above.

Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 11/4/2023 1:00:42 PM

Learned counsel for appellant while taking exception to the impugned judgment of conviction and order of sentence submits that the present appellant is innocent and has falsely been implicated. The entire case rests on circumstantial evidence but chain of circumstantial evidence is not complete. The appellant has suffered incarceration of about six years and four months. Co-accused Naresh Singh has already been extended the benefit of suspension of sentence and grant of bail vide order dated 20.10.2023 in Criminal Appeal No.3328 of 2021. The appeal is of the year 2021 and there is no likelihood of final hearing of appeal in early future. Hence, learned counsel prays for suspension of sentence and grant of bail to the present appellant.

Per contra, learned counsel for the respondent-State opposes the application supporting the impugned judgment.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, regard being had to the fact that the appellant has suffered six years' and four months' incarceration, co-accused Naresh Singh has already been extended the benefit of suspension of sentence and grant of bail vide order dated 20.10.2023 in Criminal Appeal No.3328 of 2021 and the appeal is of 2021 and there is no likelihood of appeal being heard finally in near future, in the obtaining facts and circumstances, present appellant is held entitled for extension of benefit of suspension of jail sentence.

Accordingly, we allow the application and it is directed that the jail sentence of appellant Atar Singh @ Tunda shall remain suspended during pendency of present appeal and he be released on bail on his furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty

Signature Not Verified Thousand only) with one solvent surety in the like amount to the satisfaction of Signed by: PAWAN DHARKAR Signing time: 11/4/2023 1:00:42 PM

the trial Court subject to verification of factum regarding deposit of fine amount. Appellant Atar Singh @ Tunda i s directed to appear before the Registry of this Court first on 19.12.2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, IA No.6525 of 2023 stands allowed and disposed of. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                               (ROHIT ARYA)                                 (MILIND RAMESH PHADKE)
                                  JUDGE                                              JUDGE

                          pd




Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 11/4/2023
1:00:42 PM