Madhya Pradesh High Court
Aadeshwar @ Aadesh vs The State Of Madhya Pradesh on 29 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.9204 OF 2023
(Aadeshwar @ Aadesh vs The State of Madhya Pradesh)
Indore, Dated 29.02.2024
Mr. Nilesh Dave, counsel for the appellant.
Mr. Kamal Tiwari, counsel for the respondent/State.
_____________________________________________________
Heard on IA No.10727 of 2023 which is first application
under Section 389 (1) of Criminal Procedure Code, 1973, filed on
behalf of sole appellant - Aadeshwar @ Aadesh S/o Mangilal
Yati who has been convicted by Fifth Additional Sessions Judge,
Mandsaur (MP) in Session Trial No.192/2015 vide judgment dated
22.06.2023 and has been sentenced him as under:-
Conviction Sentence
Section & Act Imprisonment Fine Imprisonment in
Amount lieu of fine
302/34 IPC Life Rs.25000/- 02 years RI
Imprisonment
201 IPC 07 years RI Rs.10,000/- 01 year RI
Counsel for the appellant submits that appellant is innocent
and has been falsely implicated in the aforesaid offence. He
submits that appellant was on bail during trial and he did not
misuse the liberty so granted to him. There are so many
contradictions and omissions in the statements of witnesses. He
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.9204 OF 2023
(Aadeshwar @ Aadesh vs The State of Madhya Pradesh)
also submits that Mahesh (PW/7) who is the sole eye witness has
been declared hostile and has not supported the prosecution story.
The mother of deceased (PW/5) has stated in her evidence and has
called her in phone and has stated that the deceased was fell down
infront of his house and appellant Aadeshwar took the deceased
with him to the hospital for treatment. He further submits that
appellant was convicted only on the basis of blood stain on his
shirt. He submits that the final disposal of appeal is likely to take
sufficient long time. Hence prays for suspension of sentence and
grant of bail to the appellant.
Per contra, counsel for the respondent/State has opposed
the application and prays for its rejection.
Having considered the facts and circumstances of the case
and considering the evidence of Mahesh (PW/7) and mother of
deceased (PW/5), we are of the considered opinion that it is a fit
case for grant of suspension to the appellant. Accordingly,
application IA No.10727 of 2023 is allowed.
It is directed that substantive jail sentence of appellant -
Aadeshwar @ Aadesh S/o Mangilal Yati shall be suspended
subject to his depositing the fine amount (if not already deposited)
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.9204 OF 2023
(Aadeshwar @ Aadesh vs The State of Madhya Pradesh)
and on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety of like
amount to the satisfaction of concerned trial Court for his
appearance on 01.05.2024 and on all other subsequent dates as
may be fixed by the Court concerned in this behalf. Accordingly,
application IA No.10727 of 2023 stands disposed of.
As this appeal is already an admitted appeal. Hence list the
appeal for final hearing in due course.
Certified copy, as per Rules.
(S.A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
Arun/-
ARUN
DN: c=IN, o=HIGH COURT OF MADHYA
2.5.4.20=d5b56e3de75e7828ced1a96bc4f
01804c3ea1f0a5497e4019e41c0a82cbabb
NAIR
f0, postalCode=452001, st=Madhya
Pradesh,
serialNumber=192F2423E128DC1CC004D
D8FF22B3F2FFC3D1EF75981FCBEF3B2B76
823F270F7, cn=ARUN NAIR
Date: 2024.02.29 18:36:17 +05'30'
