Sunil vs The State Of Madhya Pradesh
2024 Latest Caselaw 5815 MP

Madhya Pradesh High Court

Sunil vs The State Of Madhya Pradesh on 26 February, 2024

Author: Chief Justice

Bench: Chief Justice

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 15970 of 2023
                                                  (SUNIL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-02-2024
                                 Shri Shailendra Verma - Advocate for appellant.

                                 Shri Anubhav Jain - Public Prosecutor for respondent.

IA No.30160 of 2023 is the first application preferred under Section 389 (1) of the Cr.P.C on behalf of appellant/accused Sunil for suspension of execution of sentence and to enlarge the appellant on bail.

Appellant/accused Sunil has been convicted under Sections 364, 302 read with Sections 34, 201 and 120 B of the IPC and sentenced under Section 302 read with Section 34 to life imprisonment and fine of Rs.700/-, under Section 201 for 3 years R.I. and fine of Rs.300/- and under Section 364 for 10 years R.I. and a fine of Rs.300/- with default stipulations vide impugned judgment dated 06.10.2023 passed by First Additional Session Judge, Narsinghpur in Sessions Trial No.18 of 2022.

Prosecution case as found proved by the trial Court is that wife of deceased Santosh son of Mohan Thakur developed intimacy with co-accused

Santosh @ Santu. Santosh @ Santu and Sangita hatched a conspiracy to eliminate the deceased Santosh Thakur with the help of appellant/accused Sunil. Santosh @ Santu abducted the deceased Santosh Thakur. Santosh Thakur was murdered after serving him stupefied medicine in liquor and then thrown in River Narmada.

It is argued that no connecting evidence has been collected and proved against the appellant/accused Sunil. Mere suspicion however strong cannot be sufficient for conviction.

Considering the nature of evidence regarding appellant/accused, it is fit case to suspend the execution of sentence and enlarge appellant/accused Sunil on bail.

Accordingly, I.A. No.30160 of 2023 is allowed.

Appellant-Sunil is directed to be enlarged on bail subject to depositing the fine amount and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court on 16.07.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                 (RAVI MALIMATH)                                   (GAJENDRA SINGH)
                                   CHIEF JUSTICE                                         JUDGE
                           DPS