Satyaprakash vs The State Of Madhya Pradesh
2023 Latest Caselaw 16294 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                              CRA No. 1301 of 2017
               (SATYAPRAKASH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 04-10-2023
         Shri Brijesh Tyagi - Advocate for the appellants.

         Shri Rajesh Shukla - Additional Advocate General for the respondent-

State.

Heard on IA.No. 17836 of 2023, third repeat application under Section 389(1) of Cr.P.C moved on behalf of appellant 4 - Brajesh for suspension of jail

sentence and grant of bail.

Appellant No.4 stands convicted under Section 302 r/w Section 34 of IPC and sentenced to life imprisonment with fine of Rs 2,000/- and under Section 201 r/w Section 34 of IPC and sentenced to undergo three years' rigorous imprisonment with fine of Rs.1,000/- with default stipulations respectively vide judgment of conviction and order of sentence dated 8th September, 2017 passed by Third Additional Sessions Judge, Bhind (M.P.) in Sessions Trial No.302 of 2014.

Prosecution case, in brief, is that on 12-06-2014, Ramdas Chowkidar of

village informed Police Station Gormi to the effect that on seeing a crow- croaking towards rugged mouza Aharoli, he went near the place i.e. Baghele Ka Pura and an unknown lady was found dead whose throat and ears were cut. Her complexion was found to be average tall and dark, whose body was lying dead. On the above information, Dehati Nalishi was recorded vide Ex.P1 and on the spot, the dead body of aforesaid unknown lady was taken in possession by the police and an inquest was recorded under Section 164 of CrPC. Dead body panchnama was prepared in presence of witnesses and thereafter it was sent for

autopsy. Thereafter, accused Satyaprakash, Satyaveer, Dhara Singh and Brajesh (present appellant) were arrested vide arrest memo Ex.P3 to Ex.P6. Statement of Satyaprakash was recorded in which he stated that whom he and Satyaveer had brought from Morena on 08-06-2014 was murdered on 11-06-2014 and at about 03:00-04:00 in the morning of 12-06-2014, the lady was attacked with axe and knife. The axe which Brajesh (present appellant) had beheaded the lady, had taken with him after murder and the knife which he had brought with him in his pocket had cut lady's nose. He went with accused Satyaveer and kept deceased hidden at a little distance near Aharoli Ghat of Kwari River where her saree was thrown. Memorandum of Dhara Singh was also recorded vide Ex P-

I5 who told that the lady was in physical relationship with Satyaveer. From possession of accused Satyaprakash, knife with his blood-stained shirt, from accused Satyaveer white blood- stained shirt, from present appellant Brajesh an axe and from possession of Dhara Singh, a black coloured purse of aforesaid deceased lady were recovered. After completion of investigation and other formalities, charge sheet was filed before the competent Court from where the case was committed to Sessions Court for its trial. After conclusion of trial, trial Court convicted and sentenced present appellant along with other co-accused for commission of aforesaid offence, as mentioned above.

It is the contention of learned counsel for the present appellant that the trial Court has committed an error in convicting and sentencing the present appellant No.4. Even otherwise, there is no last seen evidence available on record. It is further contended that all seizure witnesses as well as arrest memo witnesses have turned hostile and did not support the prosecution story. There is no direct evidence to connect the present appellant No.4 with alleged crime and case is based on circumstantial evidence. It is further contended that

present appellant No.4 has already served near about six years and three months jail incarceration. Further, the case of the present appellant is akin to that of the co-accused/appellant No.2-Satyaveer who has been benefited by the suspension of jail sentence and grant of bail vide order dated 19-09-2023 (IA. No.17092 of 2023). This appeal is of year 2017 and its final outcome will take time. Hence, prayed for suspension of jail sentence and grant of bail on the ground of parity with co-accused/appellant No.2-Satyaveer.

Learned counsel for State while supporting the impugned judgment submitted that it is a case of brutal murder of a lady and considering the nature of offence and evidence available on record, no exception can be taken in the matter of suspension of sentence and grant of bail to present appellant No.4- Brajesh.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case but regard being had to the fact that appellant No.4 has already suffered incarceration of near about six years and three months and the fact that co- accused Satyaveer has been extended the benefit of suspension of sentence and grant of bail vide order dated 19-09-2023, there is no likelihood of early hearing of the appeal in the near future, IA is allowed. It is directed that jail sentence of the appellant No.4- Brajesh will remain under suspension subject to verification

of the fact that amount of fine has been deposited, on present appellant's furnishing bail bond of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of concerned trial Court for his appearance before the Registry of this Court on 22nd December, 2023 and on such further dates as may be fixed by the Office in this regard till

disposal of the appeal.

Aforesaid IA stands allowed and closed.

Observations on facts, if any, are only for the purpose of deciding the instant applications and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

     (ROHIT ARYA)                                 (AVANINDRA KUMAR SINGH)
        JUDGE                                              JUDGE

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 VARSHA
 CHATURVEDI
 2023.10.05
 11:00:38 +05'30'