Azad Beldar vs The State Of Madhya Pradesh
2023 Latest Caselaw 15629 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6149 of 2018
                                        (AZAD BELDAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-09-2023
                                Smt. Smita Arora - Advocate for the appellants.

                                Shri Ajay Shukla - Government Advocate for the respondent/State.

Heard on I.A No.11660 of 2023 , an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2 - J ite ndra aris ing out of judgment dated 25.07.2018 delivered in S.T.

No.95/2017 by IIIrd Additional Sessions Judge, District Sehore.

The appellant No.2 has been convicted under Sections 147, 323/149 and 376D of I.P.C. and sentenced to undergo R.I. for 2 years and fine of Rs.2,000/-, R.I for 1 years and fine of Rs.1,000/- and Life imprisonment and fine of Rs.2 lakh with default stipulations.

Learned counsel for this appellant No.2 submits that appellant No.2 has not been identified by victim in Test Identification Parade (TIP). The solitary evidence against him is a DNA report, which is not trustworthy, because the incident has taken place on 28.02.2017 and sample was collected on

02.03.2017. Sample of appellant No.2 was taken on 06.03.2017. It was dispatched to FSL on 07.03.2017 and was deposited in FSL on 10.03.2017. By placing reliance on the judgment of the Supreme Court in Rahul vs. State (NCT of Delhi), (2023) 1 SCC 83, it is prayed that the appellant No.2 may be given benefit of suspension of sentence.

The prayer is opposed by learned Government Advocate for the State. During the course of hearing, no amount of argument was advanced to show that chain of custody was either not proper or polluted. Prima facie, Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 9/23/2023 10:38:38 AM

mere mentioning of dates will not cause any dent on the collection and sampling process. In view of existence of DNA report, at this stage, no case is made out for suspension of sentence. In (2017) 6 SCC, Mukesh vs. State (NCT of Delhi), the Apex Court has opined as under:-

"228. From the aforesaid authorities, it is quite clear that DNA report deserves to be accepted unless it is absolutely dented and for non-acceptance of the same, it is to be established that there had been no quality control or quality assurance. If the sampling is proper and if there is no evidence as to tampering of samples, the DNA test report is to be accepted."

Accordingly, I.A. No.11660 of 2023 is dismissed.

                               (SUJOY PAUL)                                  (DWARKA DHISH BANSAL)
                                  JUDGE                                             JUDGE

                          rj




Signature Not Verified
Signed by: RAJESH KUMAR
JYOTISHI
Signing time: 9/23/2023
10:38:38 AM