Akash Jatav vs The State Of Madhya Pradesh
2024 Latest Caselaw 14284 MP

Madhya Pradesh High Court

Akash Jatav vs The State Of Madhya Pradesh on 15 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 7942 of 2019
                                              (AKASH JATAV Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-05-2024
                                Shri Mukesh Sharma-Advocate for appellant.

                                Shri   Rajesh     Shukla-    Additional     Advocate     General   for   the
                          respondent/State.

Heard o n I.A.No.6455/2024, which is third repeat application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail

sentence on behalf of appellant-Akash Jatav.

Present appellant stands convicted under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with usual default stipulation vide judgment dated 29/04/2019 passed in ST No.246/2018 by Additional Sessions Judge, Gwalior (M.P.).

As per prosecution story, complainant Laxman Singh lodged a missing person report on 18/03/2018 to the effect that his son Sanjay Rathore is missing since 17/03/2018. Thereafter, his dead body was recovered which was identified by complainant Laxman Singh and his son Bhupendra Rathore. Then,

the complainant expressed doubt on Akash Jatav (present appellant) and his daughter-in-law Hemlata (co-accused) that they committed murder of Sanjay Rathore (deceased) by causing injury on neck and throwing stone on his face due to illicit relationship between the accused persons. Accordingly, case has been registered and investigation was set in motion. After completion of investigation, Challan was filed. The Sessions Court after due consideration of the evidence available on record, convicted the present appellant along with co- accused Hemlata.

Learned counsel for the present appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. The appellant has already suffered jail incarceration for the period of more than 6 years. He is a young person and permanent resident of District - Gwalior (M.P.). There is strong case in favour of the appellant. Since appeal is of the year 2019, final disposal of the appeal will take considerable long time. Under these circumstances, he prays that the application be allowed and the remaining jail sentence of the appellant be suspended till final disposal of the appeal.

P e r contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting

that the trial Court after due consideration of the evidence available on record, convicted the appellant. Hence, he is not entitled to grant benefit of suspension of sentence.

Heard learned counsel for the parties and perused the entire record with due care.

As per prosecution story, present appellant had illicit relationship with wife (co-accused) of deceased Sanjay Rathore and because of which, the deceased Sanjay Rathore threatened the present appellant Akash Jatav due to which, present appellant called him and committed his murder. Circumstances which have been proved by the prosecution are the last seen of Akash Jatav with the deceased, call exchanges between them & motive. That apart, Sunil Kuswaha (PW-2) has clearly stated in his statement that on 17/03/2018, at about 03:00 p.m., he saw the present appellant along with deceased Sanjay Rathore on a motorcycle in village Sonjna. Hence, it is a case of circumstantial evidence.

In view of above, at this stage, we are not inclined to grant benefit of

suspension of sentence to present appellant.

Accordingly I.A.No.6455/2024 stands dismissed.

Certified copy as per rules.

                             (VIVEK RUSIA)                                (RAJENDRA KUMAR VANI)
                                 JUDGE                                            JUDGE

                          (Dubey)