Madhya Pradesh High Court
Mukesh vs The State Of Madhya Pradesh on 13 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 7375 of 2023
(MUKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-02-2024
Shri Syed Asif Ali Warsi - Advocate for the appellants.
Shri Gaurav Singh Chouhan - Government Advocate for the
respondents State.
Heard on I.A.No.17813/2023, which is the first application filed under
Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail
moved on behalf of the appellant No. 4 Nitin S/o Kailash Rajput.
2 . The appellant stands convicted vide judgment dated 18.04.2023
passed by the Second Additional Sessions Judge, Sardarpur, District Dhar
(MP) in Session Trial No.61/2020 for offence punishable under Section 302
read with Section 149 of IPC and sentenced to undergo life imprisonment with
fine of Rs.1,000/- with default stipulation and under Section 201 of IPC and
sentenced to undergo two years RI with fine of Rs. 500/- with default
stipulation .
3 . The prosecution case found to be proved is that on 30.05.2020
complainant Govind orally informed at Police Chowki, Ringnod, Police station
Sardarpur that on 27.05.2020 at 12:00 pm his elder brother Gopal did not come
even after searching a lot. Thereafter complainant came to know that one
person alongwith the motorcycle found dead in the field of Shankar Hamad.
The dead body was identified by the complainant Govind to be the body of the
deceased Gopal. Thereafter, police registered a marg bearing No. 0/2020.
Investigation were carried out and statement of the witnesses were recorded.
On the basis of the information recorded under Section 27 of the Indian
Evidence Act articles were seized from the possession of the present appellant.
Accordingly, a case has been registered.
4. Learned counsel for the appellant submits that in this case there is no
eye witnesses. The name of the appellant No.4 Nitin is not named in the FIR.
The chain of the circumstantial evidence is not complete and last seen evidence
in the present case is a weak type of evidence. Nothing has been recovered
from the possession of the appellant. As per the statement of the Dr M.L. Jain
(PW-8) death might caused due to strangulation and might have caused death
due to attack of some wild animal. Learned counsel for the appellant further
submits that final disposal of this appeal will take considerable time. Therefore,
in such circumstances, it is prayed that the jail sentence of appellant be
suspended and he be released on bail.
5 . Learned counsel for the respondent/ State opposes the prayer for
suspension of jail sentence and prays for its rejection on the ground that there is
an active participation of the appellant in the crime. Trial Court has appreciated
the evidence in its true perspective and reached to the conclusion that appellant
Nitin was present at the spot which is evident from paragraph-18 of the
judgment. Hence, no case for suspension of jail sentence of appellant No.4
Nitin is made out.
6. Heard learned counsel for the parties and perused the record.
7. In this case, we are of the opinion that appellant No.4 Nitin is not
named in the FIR. The case was registered when the dead body of the
deceased was found on the basis of circumstantial evidence.
8. Looking to the facts, circumstances and evidence brought against the
appellant, we deem it fit to suspend the remaining jail sentence of appellant No.
4 Nitin.
9 . Accordingly, I.A.No.17813/2023 is allowed and it is directed that
subject to deposit of fine amount, if not already deposited, and on furnishing
personal bond in the sum of Rs.1,00,000/- (Rupees One lac Only) with
solvent surety in the like amount to the satisfaction of trial Court for his
appearance before the Registry of this Court on 10.09.2024 and on such
subsequent dates as may be fixed in this regard, sentence of imprisonment
awarded to him shall remain suspended till further orders and he shall be
released on bail.
List this matter for final hearing in due course.
Certified copy as per rules.
(S. A. DHARMADHIKARI) (DEVNARAYAN MISHRA)
JUDGE JUDGE
rashmi
