Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 17660 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 5234 of 2023
                                          (SHIVNARAYAN @ VIKRAM Vs THE STATE OF MADHYA PRADESH)

                                                            CRA/05145/2023
                                                (JITENDRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-10-2023
                                 (In Cr.A. No.5234/2023)
                                 Shri Gourav Shrivastava, learned counsel for the appellant -
                           Shivnarayan @ Vikram).
                                 Shri Gaurav Singh Chouhan, learned Govt. Advocate for the
                           respondent/State.

(In Cr.A. No.5145/2023) Shri Bhavishya Sharma, learned counsel for the appellant - Jitendra). Shri Gaurav Singh Chouhan, learned Govt. Advocate for the respondent/State.

Heard on the question of admission.

Appeals are admitted for final hearing.

List the appeals for final hearing in due course. Also heard on I.A. No.10292/2023 and IA No.5198/2023 which are

first applications filed under Section 389 (1) of Cr.P.C. filed on behalf of appellants Shivnarayan @ Vikram and Jitendra, who were convicted by the Sessions Judge, Shajapur by judgment/order dated 13.03.2023 in S.T. No.57/2018 for the offence punishable under Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulation and under Section 201 of the IPC sentenced to undergo two years rigorous Imprisonment with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellants submits that as per prosecution story, Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 20-10-2023 17:05:08

on 11.03.2018 between 11.00 p.m. to 12.00 p.m., these two appellants (Shivnarayan @ Vikram and Jitendra) assaulted the deceased Ramnarayan and thrown him in a well. His dead body was recovered and merg No.9/2018 (Ex.P/22) was registered. Matter was taken up to the investigation. These two appellants were arrested on 19.04.2018 thereafter two witnesses PW-1 and PW- 5 approached the Police Station and came up with a story that they saw these appellants with deceased consuming liquor near the well and thereafter they started assaulting the deceased. Police has also recorded statement under Section 161 of the Cr.P.C. of wife of deceased Sayarabai, who said to have been taken on 15.04.2018 but there is an overwriting in the date. According to

her statement, deceased on telephone informed her that he is with these two appellants and would return to home after some time. No call records have been collected by the Police. There is no CDR to establish the presence of these two appellants along with the deceased. In such premises learned counsel appearing for the appellants praying for grant of suspension of sentence to the appellants. It is further submitted that these two appellants were on bail during trial and they have no criminal record. The case is based on circumstantial evidence and connecting evidence is very weak and they hope to succeed in these appeals.

On the other hand, learned counsel for the respondent/State has opposed the applications for suspension of sentence.

Looking to the aforesaid, we are of the of the considered opinion that the applications for suspension of custodial sentence moved on behalf of the appellants Shivnarayan @ Vikram and Jitendra deserve to be allowed.

Accordingly, without expressing any opinion on merits of the case I.A. No.10292/2023 and IA No.5198/2023 are allowed and it is directed that

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 20-10-2023 17:05:08

subject to depositing fine amount and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) each with one solvent surety each in the like amount to the satisfaction of the learned trial Court for their appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of these appeals.

The appellants Shivnarayan @ Vikram and Jitendra after being enlarged on bail, the appellants shall mark their presence before concerned trial court on 20.12.2023 and on all such subsequent dates, which are fixed in this regard by Trial Court concerned.

                                (VIVEK RUSIA)                                           (PRANAY VERMA)
                                    JUDGE                                                   JUDGE

                           ns




Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 20-10-2023
17:05:08