Madhya Pradesh High Court
Anup Tripathi vs The State Of Madhya Pradesh on 2 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 54 of 2015
(ANUP TRIPATHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 02-02-2024
Shri H.S. Rana - Advocate for appellant.
Shri S.S. Kushwah - Public Prosecutor for respondent/State.
Heard on IA No. 17281 of 2022, fourth repeat application under
Section 389 CrPC moved on behalf of appellant No.1- Anoop Tripathi for
suspension of jail sentence and grant of bail.
Appellant No.1- Anoop Tripathi stands convicted under Section 302 of
IPC and sentenced to undergo life imprisonment with fine of Rs.1,00,000/- with
default stipulations vid e judgment dated 10.12.2014 passed by Additional
Sessions Judge Lahar District Bhind in Sessions Trial No.86/2012.
The present appellant so far has undergone actual incarceration of 09
years, 01 month and 22 days and with remission 04 years, 01 months and 14
days, as per the report dated 09.10.2023 submitted by the Superintendent,
Central Jail, Gwalior.
As per prosecution story, present appellant borrowed Rs.2 lacs from the
deceased but did not return the same despite being asked for two days prior to
the incident. On 30.12.2011 at about 3 pm appellant alongwith his servant Anil
Monas took the deceased alongwith them on a motorcycle on the pretext of
attending Mahadeva Yagya. On 01.01.2012 at about 10:30 am, brother of the
deceased found the present appellant alongwith co-accused standing infront of
Dairy shop of present appellant and asked them about the deceased, on which,
they replied that they had left him at Ajnar crossing. An information was
received at Police Station Lahar that a dead body was lying on a road. The said
dead body was identified by the family members of the deceased to be that of
Dheerendra Mishra. Thereafter, FIR was registered. After collection of material
evidence, challan was filed and the case was committed to the Sessions Trial.
T he Sessions Court on proper appreciation of evidence placed on record
convicted and sentenced the present appellant as referred above.
Learned counsel for the appellant, while taking exception to the impugned
judgment interalia, submits that it is a case of false implication. The entire case
is based on circumstantial evidence. It is submitted that the present appellant so
far has undergone actual incarceration of 09 years, 01 month and 22 days and
with remission 04 years, 01 months and 14 days. The appeal is of the year 2015
and there is no likelihood of early hearing of this appeal in near future. Under
such circumstances, learned counsel submits that the present appellant may be
extended the benefit of suspension of sentence and grant of bail.
Per contra, learned counsel for the respondent/State submits that it is a
case of murder of an innocent person. Hence, no exception may be taken in the
matter of grant of benefit of suspension of sentence.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has undergone actual incarceration of 09 years, 01
month and 22 days and with remission 04 years, 01 months and 14 days as per
the report dated 09.10.2023 submitted by the Superintendent, Central Jail,
Gwalior, and the appeal which is of the year 2015 is not likely to be decided in
the near future, we are of the view that present appellant is entitled to the benefit
of suspension of sentence and grant of bail.
Accordingly, I.A. No.17281/2022 stands allowed and it is directed that
the jail sentence of present appellant shall remain suspended during pendency of
the present appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount and on his furnishing a personal bond in
the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in
the like amount to the satisfaction of the Trial Court subject to the following
conditions :-
1. That the appellant shall mark his presence before the concerned police
station twice every week till pendency of this appeal.
2. If the appellant is found to be involved in any other criminal activity
either against the present complainant or anybody else, the respondent/ State
and the complainant shall be free to move this Court for cancellation of bail.
Appellant is directed to appear before the Registry of this Court first on
07.05.2024 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
ojha
