Madhya Pradesh High Court
Mahendra Kumar vs The State Of Madhya Pradesh on 1 March, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-2654-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2654 of 2021
(MAHENDRA KUMAR Vs THE STATE OF MADHYA PRADESH )
Dated : 01-03-2025
Shri Anoop Saxena - learned counsel for the appellant.
Shri Akshay Namdeo - learend Government Advocate for the
respondent/State.
Heard on IA No.29589/2023, which is repeat(second) application filed
under Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail
moved on behalf of appellant-Mahendra Kumar. Earlier application for
suspension of custodial sentence and grant of bail moved on behalf of
appellant was disposed of by this Court vide order dated 13/05/2022.
Appellant has been convicted for commission of offence punishable under
Sections 302 and 201 of IPC and sentenced to undergo life imprisonment and RI
for 5 years and to pay fine of Rs.10,000/- and Rs. 2,000/- and under Section 25/27
of the Arms Act and sentenced to undergo RI for 3 years and to pay fine amount of
Rs.2,000/- for each offence respectively with usual default stipulation vide
judgment dated 05/02/2021 passed by the First Additional Sessions Judge, Jatara
District Tikamgarh in S.T. No. 53/2018.
Prosecution story found to be proved is that on 08/06/2018, appellant
alongwith other co-accused persoms committed murder of Awadhesh Kushwaha
and tried to hide the evidence. On the basis of aforesaid, alleged offence has been
registered against the appellant.
Learned counsel for the appellant submits that appellant is not named in
the FIR. On the basis of memorandum of other co-accused persons, appellant has
2 CRA-2654-2021
been implicated in the alleged offence. Case of the prosecution is based on
circumstantial evidence and there is no eye witness of the alleged incident, hence,
there is no direct evidence available on record to connect the appellant with the
alleged offence. Appellant has incarcerated more than 6 years. There are fair
chances of the success of this appeal and if the custodial sentence of the appellant
is not suspended, then the purpose for filing this appeal will get frustrated. There
is no likelihood of early hearing of this appeal in near future. Under these
circumstances, learned counsel for the appellant prays for suspension of custodial
sentence and grant of bail to the appellant - Mahendra Kushwaha.
Learned Government Advocate for the respondent/State has opposed the
application by contending that there is ample evidence available on record to
connect the appellant with the alleged offence, therefore, at this stage no case for
suspension of custodial sentence and grant of bail to appellant is made out.
We have heard learned counsel for the parties and perused the record.
Considering the aforesaid facts and circumstances of the case coupled with
the fact that as per DNA report, the blood stains found on the pant of appellant-
Mahendra matched with the DNA of the deceased and looking to the gravity of the
offence, at this stage no case for suspension of custodial sentence and grant of bail
to the appellant is made out. Accordingly, I.A. No. 29589/2023 is hereby stands
rejected.
List the matter for final hearing in due course
(SUSHRUT ARVIND DHARMADHIKARI) (DEVNARAYAN MISHRA)
JUDGE JUDGE
skt
