Madhya Pradesh High Court
Hari Shankar Ben Alias Chhotu Ben vs The State Of Madhya Pradesh on 5 August, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-6965-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6965 of 2023
(HARI SHANKAR BEN ALIAS CHHOTU BEN Vs THE STATE OF MADHYA PRADESH )
Dated : 05-08-2025
Smt. Renu Gupta, learned counsel for the appellant.
Shri Manas Mani Verma, learned Public Prosecutor for the
respondent/State.
Dr. D.D. Bansal is present in person before this Court. He has
explained the difference between 'Y' STR DNA profile and autosomal
DNA profile by saying that first a sample is subjected to 'Y' STR DNA
profile to detect presence of male DNA profile. Once 'Y' DNA strain is
found, then it is calibrated to look for the specific strain of individuals in
autosomal DNA profiling and in autosomal DNA profiling, DNA strain
of Umesh Nishad was prominent, whereas mixed 'Y' STR DNA
profiling reveals presence of 'Y' strain of chromosomes of Umesh
Nishad and Vijay @ Bichku Kewat.
Personal presence of Dr. D.D. Bansal is dispensed with.
Heard on I.A. No.12498/2024, which is first application under
Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to
appellant-Hari Shankar Ben alias Chhotu Ben.
This appeal is filed by the appellant being aggrieved of judgment
dated 28/02/2023 passed by learned Special Judge, SC/ST (Prevention of
Atrocities) Act, Katni (M.P.) in SC(ATR)/138/2018, whereby the
2 CRA-6965-2023
appellant has been convicted and sentenced as under:
Conviction Sentence
Section Act Imprisonment Fine if Imprisonment
deposited in lieu of fine
376D IPC Life Rs.2,000/- R.I. for one
imprisonment year
till death
394/34 IPC R.I. for five Rs.2,000/- R.I. for one
r/w years (two (two counts) year (two
Section counts) counts)
323 (two
counts)
506 Part- IPC R.I. for one year Rs.1,000/- R.I. for three
II months
Learned counsel for the appellant submits that appellant is
innocent. He has been falsely implicated in the matter. Both 'Y'-STR
DNA profile and autosomal DNA profile do not support prosecution's
case in regard to involvement of present appellant-Harishankar alias
Chhotu Ben. Presence of sperms in a condom, outer surface of which
did not reveal any 'XX' DNA profile of the victim, is not sufficient to
record conviction of present appellant-Harishankar alias Chhotu Ben.
There are good chances of success. Hence, prayer is made to suspend
execution of remaining part of the jail sentence of the appellant and to
release him on bail.
Shri Manas Mani Verma, learned Public Prosecutor for the State
opposes the prayer for suspension of sentence.
3 CRA-6965-2023
After hearing learned counsel for the parties and considering the
fact that there appears to be good chances of success in appeal, without
commenting on merits of the case, this Court is of the opinion that it is a
fit case to suspend the remaining part of jail sentence of appellant and
release them on bail.
Accordingly, I.A.No.12498/2023 is allowed.
It is directed that on depositing fine amount, if not already
deposited and on furnishing personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand only) with two sureties in the like amount to
the satisfaction of the trial Court for his appearance before the trial Court
o n 27.10.2025 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 shall remain suspended and he be released on bail till final
disposal of this appeal.
List for final hearing in due course.
C.C. as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
ts
