Madhya Pradesh High Court
Antim vs The State Of Madhya Pradesh on 14 October, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-4931-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4931 of 2019
(ANTIM AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 14-10-2024
Shri Anil Kumar Tiwari, learned counsel for the appellants.
Shri Aditya Narayan Gupta, learned Public Prosecutor for the
respondent/State.
Heard on I.A. No.18986/2024, which is second application under
Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed
on behalf of appellant No.3-Manoj alias Nannu, S/o Gyarasilal Kanade .
At the outset, learned counsel for the appellants prays for withdrawal
of I.A. No.18986/2024.
Accordingly, I.A. No.18986/2024 filed on behalf of appellant No.3-
Manoj alias Nannu, S/o Gyarasilal Kanade is dismissed as withdrawn.
Also heard on I.A. No.20388/2024, which is second application under
Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed
on behalf of appellant No.2-Praveen, S/o Sewakram Bhalse.
Earlier application was dismissed vide order dated 02/08/2019 by a
Coordinate Bench.
This appeal is filed being aggrieved of the judgment dated 29/05/2019
passed by the learned Sessions Judge, Khandwa, Distt. Khandwa in S.T.
No.10/2018 whereby appellant No.2-Praveen has been convicted for the
offence punishable under Section 302 of IPC and sentenced to suffer
imprisonment for life along with fine of Rs.500/- with default stipulation.
2 CRA-4931-2019
Learned counsel for the appellant submits that appellant No.2- Praveen
is innocent. It is submitted that Nanibai (PW-2) is the witness of last seen.
Nanibai (PW-2) is also wife of deceased-Bhaiyalal. She has deposed that
she had seen Antim and Manoj following deceased-Bhaiyalal when Bhaiyalal
had left his house. After seeing the dead body, she had narrated this fact to
Radheshyam. Radheshyam is not an eye witness but is a hearsay witness as
is evident from his case diary statement Ex.D/2. Evidence of Prabhulal
(PW-6) is also not creditable. Name of Prabhulal is not mentioned in the
Dehati Nalsi or in the statement of Nanibai (PW-2).
Thus, it is submitted that when appellant No.2-Praveen is not
mentioned as a last seen person accompanying with the deceased and initially
two lathis were recovered from the possession of Antim and Manoj and not
in the possession of appellant No.2- Praveen and only those two lathis which
were seized from the possession of Antim and Manoj were subjected to
query report and not that which were recovered from appellant No.2-Praveen
and even otherwise no definite opinion has come in the FSL report in regard
to the article which recovered from the possession of appellant No.2-
Praveen, it is a fit case to extend the benefit of suspension of sentence in
favour of appellant No.2-Praveen because extra-judicial confession made by
Antim is a weak piece of evidence.
It is further submitted that in the DNA report (Ex.P/46) hairs which
were found in wrist of Bhaiyalal matched with the blood sample of Antim
and not with the present appellant No.2-Praveen. Thus, prayer is made to
suspend the jail sentence of the appellant No.2-Praveen and to release him
3 CRA-4931-2019
bail.
Shri Aditya Narayan Gupta, learned Public Prosecutor opposes the
prayer for suspension of sentence and grant of bail.
Taking all the above facts into consideration and without commenting
on the merits of the case, we are of the considered opinion that this is a fit
case to suspend the remaining jail sentence of the appellant No.2-Praveen
and to release him on bail.
Accordingly, I.A.No.20388/2024 is allowed.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties in the like amount
to the satisfaction of the Trial Court for his appearance before the Trial Court
on 20.12.2024 and on such other dates as may be fixed by the Trial Court,
the execution of remaining part of the jail sentence imposed upon appellant
No.2-Praveen shall remain suspended and he shall be released on bail till
final disposal of this appeal.
Certified copy as per rules.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
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