Shyamlal vs The State Of Madhya Pradesh
2024 Latest Caselaw 14823 MP

Madhya Pradesh High Court

Shyamlal vs The State Of Madhya Pradesh on 17 May, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                       CRA No. 6643 of 2023
                                                (SHYAMLAL Vs THE STATE OF MADHYA PRADESH)

                           Dated : 17-05-2024
                                  Shri Mohan Lal Patidar - Advocate for the appellant.

                                  Shri Kushal Goyal - Government Advocate for the respondents State.

Heard on I.A.No.5527/2024, which is the first application filed under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the sole appellant - Shyamlal S/o Kaharsingh Jati, Barela.

2 . The appellant stands convicted vide judgment dated 31.01.2022 passed by Additional Judge to the Court of Additional Sessions Judge, Bikangaon, District Mandleshwar (MP) in Session Trial No.24/2019 for offence punishable under Section 302 and sentenced to undergo life imprisonment with fine of Rs.5000/- with default stipulations.

3 . The facts of the case are that the deceased Jagdish had a family relation with the family of the appellant and use to call the mother of appellant accused Shyamlal as 'Mausi'. On 23.07.2019 when Jagdish and his daughter (PW-1) were present at the house of Shyamlal there was a dispute and Shyamlal

inflicted injuries using iron rod on the body of Jagdish and Jagdish succumbed to injuries.

4. This application has been preferred on the ground that Gora (PW-1) is not reliable. The statement of Binabai (PW-6) is contradictory, Devram (PW-

2) and Dhawliya (PW-3) has not supported the recovery of weapon from the appellant. In the light of statement of Gora (PW-1), the recovery of weapon from appellant accused is demolished. The appellant is a permanent resident of District Khargone and no purpose would be served if he remains in jail because

the final hearing of the appeal will take a considerable long. Therefore, in such circumstances, it is prayed that the jail sentence of appellant be suspended and he be released on bail.

5. Learned counsel for the respondent/State has opposed the application by submitting the reply through Document No. 4956 of 2024 and submitted that the material and evidence available against the present appellant is proved beyond reasonable doubt and therefore, the appellant/accused is not entitled for suspension of jail sentence.

6. Heard learned counsel for the parties and perused the judgment and record.

7. Trial Court has discussed the improvements in the statement of Gora (PW-1) in paragraphs 43 and 47 of the judgment and has concluded that Gora (PW-1) was present at the time of incident and also found credible regarding the role of the appellant accused for causing the death of Jagdish in paragraph- 50 of the judgment. As per the site map Exhibit-P-4 the dead body was also found in front of the 'tapri' of the appellant accused.

8. Considering the material available on record and the period of custody which is less than five years, we are not inclined to suspend the jail sentence of the appellant accused Shyamlal, at present.

9. Accordingly, I.A.No.5527/2024, stands rejected. List this matter for final hearing in due course.

                              (S. A. DHARMADHIKARI)                                       (GAJENDRA SINGH)
                                       JUDGE                                                   JUDGE

                           rashmi