Sukrat vs The State Of Madhya Pradesh
2023 Latest Caselaw 15457 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 5786 of 2021
                                          (SUKRAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 20-09-2023
                                Shri Anurag Shivhare - Advocate for appellants.

                                Shri Yogesh Dhande - Public Prosecutor for respondent/State.

Heard on I.A. No.17609 of 2021.

This is the first application for suspension of sentence and grant of bail on behalf of the accused/appellant No.1 - Sukrat and accused/appellant No.2 -

Sushil who have been convicted under Section 302 and sentenced to undergo R.I. for Life and to pay fine of Rs.5,000/- and Section 201 of Indian Penal Code and sentenced to undergo R.I. for 7 years and to pay fine of Rs.1,000/- with default stipulations vide impugned judgment of conviction and sentence dated 12.08.2021 passed by the First Additional Sessions Judge, Lakhnadone District Seoni in Sessions Trial No.500033 of 2014.

As per the prosecution story, on 01.01.2014 Imarti Bai informed the police that Chandrawati and Amarwati informed her that the deceased Hetram and accused Mangal, Sukrat and Sushil had some hot talks and thereafter when

she reached the spot it was found that accused persons fled away from the place of incident and deceased was also not there. On the basis of said information Dehati Nalish Ex.P/30 was registered and later on missing person report Ex.P/1 was registered. Thereafter on 03.01.2014 it was informed by Kotwar Dhillu Singh that when he went to call Imarti Bari at that time, some boys told him that in chui bharka jungle one dead body was lying down. He reached on the spot where he saw one dead body. He identified the dead body as Hetram the deceased. On the basis of the aforesaid circumstance, the police Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 9/22/2023 5:39:31 PM

registered an FIR at Crime No.06 of 2014 against the present appellants for the offence punishable under Sections 302, 201 read with Section 34 of Indian Penal Code.

This application has been filed on the ground that they are in custody since 04.01.2014 and the disposal of the appeal will take considerable time. Placing reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Saudan Singh vs. The State of U.P. and others (SLP (Criminal) No.4633 of 2021) decided on 05.10.2021, he prays for grant of bail. It is argued that incident has taken place all of a sudden. There was no pre-meditation for causing injuries. The appellants have been implicated only on the basis of the

recovery which was made at their instance. They are ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for grant of bail.

State counsel has vehemently opposed the contentions and submitted that there is active participation of the present appellants in commission of the offence but he could not dispute the fact that the appellants are in custody since 04.01.2014. However, he has prayed for dismissal of the application.

Considering the overall facts and circumstances of the case and also the fact that the case is based upon the circumstantial evidence and the fact that there is no eye witness to the incident and that the dead body has been recovered after three days of the incident, this Court deems it appropriate to allow the application.

Accused/appellant No.1 - Sukrat and accused/appellant No.2 - Sushil are directed to be enlarged on bail subject to deposit of the fine amount and on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 9/22/2023 5:39:31 PM

Thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court for their appearance before the trial Court/concerned Court on 19.12.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

Accordingly, I.A.No.17609 of 2021 is allowed.

                               (RAVI MALIMATH)                                  (VISHAL MISHRA)
                                 CHIEF JUSTICE                                       JUDGE

                          AM




Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 9/22/2023
5:39:31 PM