Satyaprakash vs The State Of Madhya Pradesh
2023 Latest Caselaw 14870 MP

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                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR


                                               CRA No. 1301 of 2017
                           (Satyaprakash & Ors. Vs THE STATE OF MADHYA PRADESH)

                       Gwalior dated 11.9.2023
                             Shri B.K.Tyagi- Advocate for appellant No.1- Satya Prakash.
                             Dr.Anjali Gyanani- Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.16452/2023, 3rd application u/Sec. 389 of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant No.1-

Satya Prakash. Earlier applications have been dismissed on merits.

This criminal appeal assails the judgment dated 8.9.2017 passed by

the 3rd Additional Sessions Judge, Distt. Bhind, in Sessions Trial

No.302/2014, whereby appellant has been convicted under Section 302/34

and 201/34 of IPC and sentenced to suffer life imprisonment with fine of

Rs.2,000/- and 3 years RI with fine of Rs.1,000/- respectively.

Prosecution case in brief is that on 12.6.2014 on the intimation of

complainant Ramdas that he has seen a dead-body of a lady aged about 22-

25 years having injury of sharp edged weapon at the body in the rugged of

Mouja Ahroli, Dehati Merg was registered. The dead-body was recovered.

Signature Not Verified Merg No.17/2014 was recorded under Section 174 of Cr.P.C. Dead-body Signed by: MADHU SOODAN PRASAD Panchnama was prepared and thereafter it was sent for postmortem. As per Signing time: 12-09-2023 11:42:32 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

the postmortem report, cause of death is excessive haemorrhagic shock due

to extensive injury over neck and face and death is homicidal in nature.

Thereafter Crime No.176/2014 was registered at police Station Gormi,

Distt. Bhind under Sections 302, 201 of IPC against unknown person.

Thereafter appellant and co-accused persons were arrested. Their

confessional statements under Section 27 of the Evidence Act was

recorded. Appellant Satyaprakash has stated in his confessional statement

(Ex.P14) that on 8.6.2014 he and Satyaveer brought a lady from Morena

and in the intervening night of 11.6.2014 and 12.6.2014 at 3-4 pm has

committed her murder by inflicting injury with axe and knife. It is further

stated by him that the axe by which co-accused Brajesh caused injury at

her neck has been taken by accused Brajesh with him after the incident and

the knife which was brought by him was used by him in cutting the nose of

the lady. He along with co-accused Satyaveer has hidden the said weapon

near Aroli Ghat of Quari river and also threw the worn shirt at that place.

At his behest, said knife and shirt were seized vide Ex.P/9. After

investigation, charge-sheet was filed and after trial, appellant has been

convicted and sentenced as aforesaid.

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 12-09-2023 It is submitted by learned counsel for the appellant that appellant has 11:42:32 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

falsely been implicated in the case. During trial, he was on bail, but he did

not misuse the liberty so granted. Except the disclosure statement of the

appellant, there is no other evidence against the appellant in the present

case. The witnesses of recovery have not supported the prosecution case

and turned hostile. It is further submitted that co-appellant Dhara Singh

has been released on bail by this Court vide order dated 16.8.2023 and the

case of appellant is identical to that of co-appellant Dhara Singh. During

trial, appellant remained in custody from 6.7.2014 to 16.10.2014 and

thereafter from the date of judgment i.e. 8.9.2017 he is in custody, thus he

has already suffered incarceration of about 6 years and 3 months. He has a

good case on merits. Final hearing of the appeal will take time. On such

premises, learned counsel for the appellant prayed for bail.

Learned counsel for the State opposed the application and prayed for

its rejection.

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.No.16452/2023 is

allowed and it is directed that jail sentence of appellant No.1- Satyaprkash

will remain under suspension subject to verification that the amount of fine Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 12-09-2023 11:42:32 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

has been deposited, on 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

Principal Registrar of this Court on 18th December, 2023 and thereafter on

such further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

                             (Rohit Arya)                          (Deepak Kumar Agarwal)
                                Judge                                       Judge
             ms/-




Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 12-09-2023
11:42:32 AM