Kuldeep Meena vs The State Of Madhya Pradesh
2024 Latest Caselaw 16216 MP

Madhya Pradesh High Court

Kuldeep Meena vs The State Of Madhya Pradesh on 30 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                                   1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 1960 of 2017
                                             (KULDEEP MEENA Vs THE STATE OF MADHYA PRADESH)

                      Dated : 30-05-2024
                            Shri Ajay Kumar Jain - Advocate for the appellants.

                            Shri Abhay Raj Singh - Panel Lawyer for the respondent/State.

Parties are heard on I.A. No. 1403/2024 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant Kuldeep Meena out of judgment dated 25.04.2017 delivered in S.T. No.202/2015 by I

Additional Sessions Judge, Sehore, Distt. Sehore.

The appellant has been convicted under Section 302 of IPC read with Section 120- B of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.1000/- and Section 201 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs. 500/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. It is submitted that the prosecution has failed to prove the case against the appellant beyond the reasonable doubt. Appellant is in jail since 25.04.2017 i.e the date of judgment till now. It is further submitted that there is no

direct and substantial/ substantive evidence available against the appellant. Appellant has been convicted only on the basis of recovery. The final hearing of this appeal is not possible in near future, thus. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned panel lawyer on the basis of written objection. Perusal of the record of the case shows that appellant has been convicted on the basis of recoveries and there is no direct evidence available against the appellant and co- accused persons namely Rahul and Toofan have already been released on bail. Case of

present appellant is almost identical to that of co-accused persons and it is based on circumstantial evidence.

Therefore, taking into consideration above facts along with custody period of the appellant and fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 1403/2024 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant Kuldeep Meena is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount

to the satisfaction of the trial court with a further direction to appear before the concerning trial court Sehore on 04.09.2024 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

                           (DWARKA DHISH BANSAL)                                  (ACHAL KUMAR PALIWAL)
                                  JUDGE                                                   JUDGE

                     Hashmi