Madhya Pradesh High Court
Nirmal Purti @ Chotu vs The State Of Madhya Pradesh on 7 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12489 of 2022
(NIRMAL PURTI @ CHOTU Vs THE STATE OF MADHYA PRADESH)
Dated : 07-02-2024
Shri Aatish Kumar Yadav - Advocate for the appellant.
Shri Yogesh Dhande- Government Advocate for the State.
Heard on I.A. No. 24901 of 2022, an application under Section 389(1)
o f the Cr.P.C for suspension of sentence and grant of bail to appellant -
Nirmal Purti @ Chotu arising out of judgment dated 09.12.2022 delivered in
S.T. No. 162/2015 passed by Session, Judge, Singrauli, Headquarter- Waidhan,
District Singrauli (MP).
The appellant has been convicted under Sections 302/34 and 201/34 of
the I.P.C. and sentenced to undergo Life Imprisonment with fine of
Rs.10,000/-, R.I. for three years with fine of Rs.5000/- respectively, with default
stipulations.
Learned counsel for appellant while pressing the application for
suspension of sentence of appellant submits that the case against the appellant
is based on circumstantial evidence. It is argued that as per prosecution version
the dead body of the deceased was found in isolated place of forest. Last seen
evidence of PW/7 against the present appellant is highly doubtful and belied by
medical evidence and also that no test identification parade was carried out. It is
further stated that other link with the incident is recovery of red colour button
which is alleged to be button of shirt of the present appellant which was found
near dead body of the deceased. So far as the contact with the co-accused
persons with mobile phone is concerned, the learned counsel for the appellant
submits that it can not be a conclusive basis of presumption of involvement of
the present appellant in the crime.
Learned counsel for the appellant further submits that the button was not
shown in the spot map and site plan Ex. P/2 and it seems to be a planted piece
of evidence. Learned counsel for the appellant refers to judgments of Hon'ble
Supreme Court in the case of Baldev Singh Vs. State of M.P. AIR 2003 SC
2098 so also in the case of Shingara Siingh Vs. State of Haryana and
another, (2003)12 SCC 758.
It is further submitted that the present appellant has already undergone 2
years 5 months of actual jail sentence. Final hearing of this appeal is not
possible in near future. Thus, remaining jail sentence of the present appellant
may be suspended.
Learned Government Counsel for the State opposed the prayer on the
basis of objection.
Considering the aforesaid factual backdrop but without commenting any
conclusive opinion on the merits of the case, we deem it proper to suspend the
remaining jail sentence of this appellant.
Accordingly, I.A. No. 24901 of 2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant is hereby suspended and it is directed
that the appellant- Nirmal Purti @ Chotu be released on bail on his
furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty
Thousand only) with one solvent surety of the like amount to the satisfaction
of the trial Court with a further direction to appear before the trial Court,
District Singrauli o n 24.04.2024 and also on such further dates as may be
fixed by the trial Court in this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (VIVEK JAIN)
JUDGE JUDGE
MISHRA
