Santosh vs The State Of Madhya Pradesh
2025 Latest Caselaw 85 MP

Madhya Pradesh High Court

Santosh vs The State Of Madhya Pradesh on 1 April, 2025

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                             1                             CRA-13933-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                     CRA No. 13933 of 2024
                                               (SANTOSH Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-04-2025
                                 Shri Manu Maheshwari - Advocate for the appellant.
                                 Shri Sudeep Bhargava - Deputy Advocate General for the
                           respondent/State.

Per Justice: Gajendra Singh Heard on I.A No.19961/2024 which is first application under Section

430(1) of BNSS for suspension of remaining jail sentence and grant of bail filed on behalf of appellant - Santosh.

2. The appellant has been convicted under Sections 302 of IPC readwith 149, 307 readwith 149(two counts), 323 readwith 149 (two counts) and Section 148 of the IPC sentenced to undergo Life Imprisonment with fine of Rs.1,000/-, 7 years R.I for each count with fine of Rs.500/-, 01 year R.I with fine of Rs.500/- and 03 years R.I with fine of Rs.1,000/- with default stipulations respectively vide judgment dated 04.12.2024 passed in ST No.45/2020 by Ist Additional Sessions Judge, Kukshi, District Dhar.

3. Facts in brief are that on 03.05.2020 at 21:30 pm one Mohan S/o Bhuriya was killed. Injuries were caused to Kailash, Rajesh and Bablu. Injuries inflicted on Kailash and Bablu were to the extent of coming within the purview of attempt to murder. The incident of causing death, attempt to murder and causing injuries was in furtherance of common object of the unlawful assembly and appellant was a member of that unlawful assembly. A

2 CRA-13933-2024 crime No.224/2020 was registered in Police Station, Kukshi, District Dhar.

4. The present application has been preferred on the ground that witness have consistently stated that appellant was not present when the deceased was assaulted and killed. Trial Court erred in appreciating the evidence. No specific allegation has been attributed against the present appellant. Omnibus allegations have been leveled against the present appellant that he came on the crime scene and joined other accused persons. It is also alleged that there is no recovery from the appellant but he has been convicted under Section 148 of the IPC also. There is fair chance that appellant will succeed in the appeal.

6. Learned counsel for the respondent/State has opposed the application by filing the reply through document No.1410/2025 and

submitted that appellant has also participated in the incident and has specifically asked Devilal to ranover by the pickup vehicle he will manage everything.

Perused the record.

7. In para 41 of the judgment trial Court has recorded the finding referring to statement of Sunita (PW-2), Rajesh (PW-1), Bablu (PW-3) and Kailash(PW-4) that appellant Santosh arrived at the scene of crime after the murder of Mohan. No fact has been discovered on the strength of Ex.P/16.

8. Considering the facts and circumstances of the case, arguments advanced by learned counsel for the parties and without commenting on the merits of the case, we are of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserves

3 CRA-13933-2024 to be allowed.

9. Accordingly, I.A. No.19961/2024 , is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant - Santosh in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court and on deposit of fine amount (if not already deposited), the execution of custodial part of the jail sentence shall remain suspended, till the final disposal of this appeal. The appellant after being enlarged on bail, shall mark his presence before the Registry of this Court on 01.07.2025 and on all such subsequent dates as may be fixed by the Registry of this Court in this regard.

10. List for final hearing in due course.

Certified copy, as per rules.

                           (SUSHRUT ARVIND DHARMADHIKARI)                      (GAJENDRA SINGH)
                                     JUDGE                                          JUDGE
                           akanksha