Madhya Pradesh High Court
Tarachand vs The State Of Madhya Pradesh on 11 October, 2023
Author: Sushrut Arvind Dharmadhikari
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8533 of 2023
(TARACHAND AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-10-2023
Shri Manu Maheshwari, learned counsel for the appellants.
Shri K. K. Tiwari, learned Government Advocate for the State.
Heard on I.A.No.9879/2023, which is first application under Section 389
for suspension of jail sentence of the appellant No.1-Tarachand who stands
convicted vide judgment dated 31.05.2023 passed by the Second Additional
Sessions Judge, Sendhwa, District Badwani (MP) in Session Trial No. 69/2019
for offence punishable under Section 302/120-B of the Indian Penal Code and
sentenced to undergo life imprisonment with fine of Rs. 1,000/- and default
stipulations.
2. The prosecution case found to be proved is that on 20.01.2019, a
complaint was lodged to the effect that the deceased Manoj Thakur, as per daily
routine, had gone for a walk on Kermala Road. After some time, he was found
dead near Rahuf's plots where houses were under construction. On the basis
of the aforesaid, crime was registered.
3. Learned counsel for the appellant submits that appellant No.1 has
been falsely implicated in the case. This is a case of circumstantial evidence but
the chain is not complete. Present appellant has been implicated only on the
basis of a CDR which is not even in the proximity with the commission of
crime. No role has been attributed the present appellant. There was no eye-
witness or last seen witness to the incident. No seizure has been made from the
possession of the appellant except a mobile phone which did not belong to
him. Name of the appellant does not find place in the dehati nalishi or the
Signature Not Verified
Signed by: SREEVIDYA
Signing time:
10/12/2023 3:10:15 PM
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FIR. It was only by way of an improvement that the present appellant has been
implicated in the crime. There was no motive for the present appellant to
commit the aforesaid crime. Final disposal of this appeal will take considerable
time. Therefore, in such circumstances, it is prayed that the jail sentence of
appellant No.1 be suspended and he be released on bail.
4. Learned counsel for the respondent/ State opposes the prayer for
suspension of jail sentence and prays for its rejection.
5. On due consideration of the facts and circumstances of the case,
without expressing any opinion on merits of the case, I.A.No. 9879/2023 is
allowed and it is directed that upon depositing the fine amount (if not already
deposited) and on furnishing a personal bond in the sum of Rs.50,000/- with
one solvent surety in the like amount to the satisfaction of the trial court, the
substantive jail sentence of the appellant No.1-Tarachand shall remain
suspended till the final disposal of the appeal and he shall be released on bail.
He shall appear before the concerned trial Court firstly on 20.12.2023 and on
all other subsequent dates, as may be fixed in this behalf by that Court.
Certified copy as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
vidya
Signature Not Verified
Signed by: SREEVIDYA
Signing time:
10/12/2023 3:10:15 PM
