Madhya Pradesh High Court

Sourabh Das @ Sonu vs The State Of Madhya Pradesh on 3 May, 2024

Author: Chief Justice

Bench: Chief Justice

                                                            1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                    CRA No. 12581 of 2022
                                   (SOURABH DAS @ SONU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-05-2024
                               Smt. Smita Varma - Advocate for appellants.

                               Shri Anubhav Jain - Public Prosecutor for respondent/State.

Heard on I.A. No.25315 of 2022.

This is the first application for suspension of sentence and grant of bail on behalf of appellant No.1/accused No.1 Sourabh Das @ Sonu and

appellant No.2/accused No.3 Hirdesh Gour who have been convicted under Section 302/34 read with 120B of Indian Penal Code and sentenced to undergo Life Imprisonment and Fine of Rs.5000/- with default stipulation vide impugned judgment of conviction and order of sentence dated 29.10.2022 passed by the Sessions Judge, Sehore in Sessions Trial No.248 of 2021.

The entire case of the prosecution is based upon circumstantial evidence. The learned Public Prosecutor submits that the recovery of an axe has been made from the accused Nos.1 and 3 which indicates that there is human blood on the axe. But, however, the medical record does not indicate that there was

any matching of the blood to that of the deceased. The further submission of the Public Prosecutor is that when the police entered the room of the accused No.3 Hirdesh, he ran away. So that itself is a circumstance to prove that he is guilty. The call record would indicate that all the three accused were in conversation with one another. Prima facie, that by itself would not lead to a conviction under Section 302 of the IPC. However, these are all matters to be considered at the stage of final hearing of the appeal. For the present, we do not find any direct evidence that would implicate the accused. Hence, for all these

reasons, I.A. No.25315 of 2022 is allowed.

Appellants - Sourabh Das @ Sonu and Hirdesh Gour are directed to be enlarged on bail subject to they depositing the fine amounts and on furnishing personal bonds in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court for their appearance before the trial Court/concerned Court on 02.09.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

I.A.No.25316 of 2022 - an application for urgent hearing is disposed off.

                               (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                 CHIEF JUSTICE                                           JUDGE

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