Ganeshram vs The State Of Madhya Pradesh
2024 Latest Caselaw 5589 MP

Madhya Pradesh High Court

Ganeshram vs The State Of Madhya Pradesh on 23 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 8887 of 2022
                                         (GANESHRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-02-2024
                                 Shri Manu Maheshwari, learned counsel for the appellant.

                                 Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.

Shri Ritu Raj Bhatnagar, learned counsel for the Objector.

Heard on I.A. No.2442/2024, which is first application for suspension of sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of

appellant no.1-GANESHRAM.

2 . T he trial Court has convicted the appellant under Section 302, 302 read with Section 34 of the IPC and sentenced to undergo Life Imprisonment with fine of Rs.2,000/- with default stipulation, vide judgment of conviction and order of sentence dated 27.08.2022 passed by the Second Additional Sessions Judge, Garoth, District-Mandsaur in S.T. No.179/2017.

3. Prosecution story in brief is that, present appellant and co-appellants Kailash and Virendra are close relative of the deceased Kaluram. There was some dispute between the deceased and the appellants due to partition of

agricultural land therefore, on 13.05.2023 at around 10:30 a.m. present appellant and co-appellants had murdered the deceased in furtherance of their common intention thereafter hanged the body of the deceased on rope.

4 . Learned counsel for the appellant submits that the appellant has not committed any offence. He has falsely been implicated in the case. There is no e y e witness in the case and the entire prosecution case depends upon circumstantial evidences. The chain of circumstances are not completed and also not exclusively against the appellant. Learned trial Court has convicted the

appellant only on the ground that appellant had motive to kill the deceased while motive is not proved beyond reasonable doubt. It is also submitted that piece of saari which was found in the mouth of the deceased was a piece of saari which was worn by the wife of the co-appellant Virendra. As alleged a piece of same saari was recovered at the instance of present appellant but the aforesaid saari was sent for FSL examination after 3 months of recovery. It has not been proved that meanwhile, the saari was kept in safe custody. It is also submitted that the co-appellant Kailash and Virendra are granted suspension of jail sentence by this Court vide order dated 28.04.2023 and 01.09.2023 and the case of the present appellant is identical with the case of the co-appellant-

Kailash and Virendra. Appellant was in custody from 23.05.2017 to 09.11.2017 and he was also in custody since date of judgment i.e. 27.08.2022. Final hearing o f this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

5 . Learned Govt. Advocate for the respondent/State as well as learned counsel for the Objector have opposed the prayer and prayed for rejection of the suspension application.

6. We have heard learned counsel for the parties and perused the record. 7 . Considering the evidences available on record against the appellant coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the I.A. No.2442/2024 is allowed and the jail sentence of the appellant shall remain suspended.

8. It is directed that subject to depositing the fine amount, if already not

deposited, appellant no.1 -GANESHRAM shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 29.04.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

9. List for final hearing in due course.

C.C. as per rules.

                                  (S. A. DHARMADHIKARI)                         (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                         JUDGE

                           ajit