Madhya Pradesh High Court
Sanju Urf Sanjay Tiwari vs The State Of Madhya Pradesh on 15 April, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-7507-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7507 of 2018
(SANJU URF SANJAY TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 15-04-2025
Smt.Durgesh Gupta, Advocate for appellant No.1 Sanju @ Sanjay
Tiwari.
Ms.Smita Varma, Advocate for appellant No.2 Brajesh @ Satyadeep
Tiwari.
Shri Nitin Gupta, Government Advocate for State.
Shri Devendra Kumar Gangrade, Advocate for complainant.
Heard on I.A.No.21714/2024, which is second application filed on
behalf of appellant No.1 Sanju @ Sanjay Tiwari as well as
I.A.No.22775/2024, which is first application filed on behalf of appelalnt
No.2 Brajesh @ Satyadeep Tiwari for suspension of sentence and grant of
bail.
Vide impugned judgment dated 25.9.2018 passed by learned II
Additional Sessions Judge-Itarsi, District Hoshangabad in Sessions Case
No.529/2016, the appellant No.1 and the appellant No.2 have been convicted
for the offence punishable under Sections 148, 302/149, 506, 294, 201 of the
Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment
for two years, life imprisonment, one year, one year, two years with fine of
Rs.500/-, Rs.500/-, Rs.200/-Rs.200/-Rs.200/- and in default of payment of
fine to undergo additional rigorous imprisonment for four months, four
months, two months, two months and two months respectively with a further
direction to run all the jail sentences concurrently.
2 CRA-7507-2018
Learned counsel appearing for the respective appellants submit that the
appellant Nos.1 and 2 are innocent. There is no eye-witness account to the
incident. The eye-witnesses have been planted. There is delay of twelve
hours in lodging of the FIR. The Investigating Officer S.K.Vatkar (PW.23)
admits in Paragraph No.13 of this testimony that no Dehati Nalishi was
recorded. During Merg Investigation, no traces of homicidal death were
found and, therefore, no Dehati Nalishi was recorded. He also admits that if
during Merg Investigation, any material to show that it is a case of homicidal
death would have come to his notice then he would have mentioned the
same. He further admits that during Merg Investigation, no statements were
recorded. Reading from the testimony of Deepak Sharma (PW.21), it is
pointed out that Deepak Sharma (PW.21) has stated that at about 3:00 AM,
Dinesh Sonkar, Guddu alongwith 2-4 persons had visited him. They asked
him for whereabouts of Ashok. When Deepak Sharma (PW.21) said that
Ashok had left his home then they had taken him to the hospital. Deepak
Sharma (PW.21) also admits that if they would have had knowledge of
Ashok then they would not have visited him to enquire about Ashok. It is not
a case of eye-witness account but that of circumstantial evidence. There are
good chances of success in appeal. The appellant Nos.1 and 2 are in custody
for about seven years. Hence, prayer is made to suspend execution of
remaining part of the jail sentence of appellant Nos.1 & 2 and to release
them on bail.
Learned Government Advocate for the State opposes the prayer made
by learned counsel for the appellant Nos.1 & 2 and prays for dismissal of
3 CRA-7507-2018
I.A.No.21714/2024 & I.A.No.22775/2024. He also submits that there is one
criminal record of appellant No.2 Brajesh @ Satyadeep Tiwari for the
offence under Sections 294, 324, 307, 34 of the I.P.C.
After hearing learned counsel for the appellant Nos.1 & 2 and going
through the record so also taking into consideration the overall facts &
circumstances of the case, we are of the opinion that present is fit case to
suspend execution of remaining part of the jail sentence of appellant Nos.1
& 2 and to release them on bail.
It is directed that on depositing of fine amount, if not already deposited
and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty
Thousand only) each with two solvent sureties in the like amount to the
satisfaction of the Trial Court for their appearance before the Trial Court on
26.6.2025 and on all subsequent dates as may be fixed by the concerned
Court, the execution of remaining part of the jail sentence of the appellant
No.1 Sanju @ Sanjay Tiwari and appellant No.2 Brajesh @ Satyadeep Tiwari
shall remain suspended and they be released on bail till final disposal of this
appeal.
I.A.No.21714/2024 & I.A.No.22775/2024 stand allowed and disposed
of.
Certified copy as per rules.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
amit
