Golu @ Sumesh vs State Of Madhya Pradesh

Heard on I.A.No.15992/2021 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant namely, Golu @ Sumesh is taken up.

The appellant has been convicted for offence punishable under Sections 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000/- with default stipulation

Learned counsel for the appellant by taking this Court to the prosecution story submits that on 04/05/2019 around 10 pm, the appellant along with co- accused Ramzan took deceased Irfan Khan with them in a motorcycle. Irfan Khan was found dead on the next morning but its a case of circumstantial evidence. The only evidence available against the appellant is last seen and recovery of a motorcycle. The blood stained, clothes and other material was recovered against the main accused Ramzan. By taking this Court to the memorandum Statement of main accused Ramzan, it is submitted that appellant was merely accompanying him and he had no enmity, premeditation, etc against deceased Irfan Khan. The last seen evidence is a weak piece of evidence and in absence of clear and clinching corroborating evidence, it was not safe to hold the appellant as guilty.

The prayer is opposed by Shri Pramod Thakre learned Government Advocate on the basis of objection.

We have heard the parties and perused the record.

Considering the aforesaid arguments coupled with the fact that main accused is Ramzan Khan, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant/Golu @ Sumesh.

Accordingly, I.A. No.15992/2021 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rs. Thirty thousand only) along with surety in the like amount to the satisfaction of the trial Court by the appellant, Golu @ Sumesh shall be released on bail with a further direction to remain present before the Trial Court, Panna District Panna on 29th August, 2022 and on such other dates as fixed by the trial court in this regard during the pendency of this appeal.

C.C as per rules.