Santosh Singh Gond vs The State Of Madhya Pradesh
2023 Latest Caselaw 18871 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 2504 of 2017
                                         (SANTOSH SINGH GOND Vs THE STATE OF MADHYA PRADESH)

                          Dated : 07-11-2023
                                Shri S.D. Mishra - Advocate for the appellant.

                                Shri Akhilendra Singh - Government Advocate for the respondent/State.

Heard on I.A. No. 15934/2022, second bail application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant

- Santosh Singh Gond arising out of judgment dated 20.4.2017 delivered in

S.T. No.103/2016 passed by Sessions Judge, Sidhi (MP). His earlier bail application was dismissed for want of prosecution vide order dated 25.6.2018.

T h e appellant has been convicted for the offence punishable under Section 302 read with Section 34 of IPC and sentenced to undergo life imprisonment and fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant has drawn attention towards the statements of Rajkumari (PW-5), Smt. Babi (PW-7) and Raju @ Ravendra (PW-15) and submitted that in their statements they have not stated any specific role of present appellant-Santosh Singh. However, upon asking a leading

question by the prosecution, after declaring them hostile, they were simply supporting the prosecution case, wherein they stated that the present appellant- Santosh along with other co-accused persons entered in the house of the deceased Parwati @ Pappi Sing and started beating her. However, the main allegations is against the father-in-law of the deceased named Babulal, who caused injuries by iron stand, which resulted into serious head injuries. It is argued that the learned trial Court has convicted the present appellant mainly on the basis of the statements of Rajkumari (PW-5), Smt. Babi (PW-7) and Raju Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 11/8/2023 10:00:50 AM

@ Ravendra (PW-15) and no incriminating material was seized from the possession of appellant. Appellant-Santosh Singh was on bail during trial. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

Learned Penal Lawyer opposed the prayer on the basis of objection. Considering the statements of Rajkumari (PW-5), Smt. Babi (PW-7) and Raju @ Ravendra (PW-15) and in view of the fact that present appellant was on bail during trial, nature of incident coupled with the fact that possibility of final hearing of this appeal in near future is bleak, without commenting upon the merits of the case, we deem it proper to suspend the remaining jail sentence of

the appellant.

Accordingly, I.A. No. 15934/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant - Santosh Singh Gond 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, Sidhi 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)                                                 (VINAY SARAF)
                                 JUDGE                                                         JUDGE

                          irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 11/8/2023
10:00:50 AM