Madhya Pradesh High Court
Anna vs The State Of Madhya Pradesh on 26 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3981 of 2022
(ANNA Vs THE STATE OF MADHYA PRADESH)
Dated : 26-10-2023
Shri Anand Nayak - Advocate for appellant.
Shri A.N. Gupta - Public Prosecutor for respondent/State.
Heard on I.A. No.9455 of 2023.
2. This is the first application seeking for suspension of sentence and bail
filed on behalf of appellant/accused - Anna who has been convicted under
Sections 302 and 201 of the Indian Penal Code and sentenced to R.I. for life
and R.I. for two years and to pay fine of Rs.100/- and Rs.100/- respectively
with default stipulations vide impugned judgment of conviction and order of
sentence dated 11.01.2022 passed by the learned Sessions Judge, Khandwa in
S.T. No.76 of 2020.
3. The case of the prosecution in brief is that appellant - Anna was having
suspicion about the illicit relationship of Ganesh (since deceased) with his wife.
On 19.05.2020 appellant - Anna along with his brother Mukesh assaulted
Ganesh by means of axe and lathi resulting into his death. After completion of
investigation the charge sheet was presented against the appellant. He was put to
trial. After trial he was convicted and sentenced as mentioned above.
4. This application has been filed on the ground that the entire case of the
prosecution is based upon circumstantial evidence. There is no eye-witness to
the incident. The prosecution has shown recovery of a weapon from the place
of incident and has connected it with the present appellant showing his
implication in the commission of offence. A false recovery has been shown by
the prosecution. The DNA report which has been perused does not connect the
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 10/30/2023
12:53:19 PM
present appellant with the commission of offence. The entire chain of
circumstances is not complete. The appellant has been in custody since
24.05.2020. He is ready to abide by all the terms and conditions that may be
imposed by this Court while considering the application for suspension of
sentence and grant of bail.
5. State counsel has vehemently opposed the contentions stating that there is
sufficient material available on record against the present appellant. The
recovery of weapon from the present appellant shows his involvement in the
commission of offence. There is a recovery of axe and clothes from the
possession of the present appellant which is duly proved by Investigating
Officer Hina Dawar (PW/17). Dr. Gabriel Daske (PW/10) who has conducted
the postmortem has given an opinion regarding the cause of death being due to
shock caused by several injuries on the body of the deceased. But the counsel
appearing for the respondent/State has failed to demonstrate as to how the
appellant is connected with the commission of offence.
6. Considering the overall facts and circumstances of the case and the fact
that the prosecution case is based upon circumstantial evidence but without
commenting upon the merits, we deem it just and necessary to enlarge the
appellant on bail. Consequently, I.A. No.9455 of 2023 is allowed.
7. Subject to deposit of the fine amounts, the remaining jail sentence of the
appellant/accused - Anna shall remain suspended and he is directed to be
enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety of the like amount to the
satisfaction of the trial Court for his appearance before the trial
Court/concerned Court on 18.01.2024 and thereafter on such other subsequent
Signature Not Verified
dates as may be fixed in that behalf.
Signed by: LORETTA RAJ
Signing time: 10/30/2023
12:53:19 PM
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Loretta
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 10/30/2023
12:53:19 PM
