Hari Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 18052 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5749 of 2018
                                          (HARI SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-10-2023
                                 Shri Sarvesh Kumar Jaiswal                Advocate for appellant No.2

                           Rambharose.
                                 Shri Jubin Prasad - Panel Lawyer for the respondent/State.

Heard on I.A. No.1605 of 2023, third application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2

Rambharose arising out of judgment dated 20.07.2018 delivered in S.T. No.77/2017 passed by Ist Additional Sessions Judge, Sehore, District-Sehore.

The appellant No.2 has been convicted for the offence punishable under Sections 302 read with section 34 of IPC and sentenced to undergo R.I. for Life with fine of Rs.25,000/-, with default stipulation.

Learned counsel for the appellant submits that this appellant remained in actual custody for more than 6 years 7 months and 10 days. As per prosecution story, the appellant No.2 caused injury on deceased Chander Singh by means of a 'Tangi'. Although, a blood stain 'Tangi' was recovered and FSL report

reflects that human blood was found on the weapon, the question asked in this regard under Section 313 of the Cr.P.C., is improper. The other eye-witnesses namely Pratap Singh (PW-1), Vikram (PW-2) and Sandeep Pandey (PW-13) were disbelieved by Court below. The conviction of this appellant is mainly based on statement of (PW-4). The final hearing of this appeal is not possible in near future. Thus, it has been prayed that remaining jail sentence of this appellant may be suspended.

Prayer is opposed by Shri Jubin Prasad, learned Panel Lawyer for the Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 31-10-2023 14:27:10

State and he submits that the statement of PW-4 is clear and explicit which shows the overtact of this appellant. Named FIR was lodged with quite promptitude. The blood stain 'Tangi' was recovered having human blood on it. As per query report, the doctor clearly deposed that injury which became cause of death could have been caused by such 'Tangi'. The attention of this Court is also drawn on the nature of injures.

Considering the aforesaid, at this stage, no case is made out for suspension of sentence. Accordingly, without expressing any conclusive opinion on merits of the case, we deem it proper not to suspend the remaining jail sentence of the appellant No.2.

Accordingly, I.A. No.1605 of 2023 is dismissed.

                                 (SUJOY PAUL)                              (DWARKA DHISH BANSAL)
                                    JUDGE                                         JUDGE

                           vai




Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 31-10-2023
14:27:10