Pravesh @ Batta Kushwah vs State Of M.P

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard on I.A. No.12183/2020, which is second application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant - Pravesh @ Batta Kushwah.

This appeal has been preferred against the judgment dated 06/11/2017 passed by Sessions Judge, District- Shivpuri (M.P.) in S.T. No.60/2016, whereby the appellant has been convicted and sentenced as under:-

Sections

Sentence

Fine (Rs.)

Default Stipulation

302/120-B of IPC

Life Imprisonment

2,000/-

2 Years RI

Prosecution story found to be proved is that on 05/10/2015, the complainant made a complaint to the effect that he is residing alongwith his family members. At about 9.00 AM, he received an information that dead body of his brother was lying near Maniyar outer signal. Some unknown person had killed his brother.

Learned counsel for the appellant submits that appellant has been falsely implicated in this case and he is not concerned with the case directly or indirectly. He has been wrongly convicted by the learned Court. It is also submitted that the appellant has undergone the sentence of about four years out of the sentence of life imprisonment awarded by the Trial Court. There is no eye witness of the incident. The case is totally based on circumstantial evidence and chain is not complete. There is no last scene evidence. It is also submitted that the appellant is the sole bread earner of his family and there is no one to look after his family except him. It is also submitted that the appellant was on bail during trial and he has not misused the liberty granted to him. Co-accused namely- Suneel @ Lallu who is the main accused has already been granted the benefit of suspension of sentence and grant of bail vide order dated 08/10/2020 passed in Criminal Appeal No.5699/2017. The appellant is a permanent resident of District- Shivpuri and there are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposes the bail application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.12183/2020 is allowed.

It is, therefore, directed that if appellant- Pravesh @ Batta Kushwah deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 5th January, 2021 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The appellant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus and the appellant shall also install Arogya Setu App. (If not already installed) in the mobile phone.

Learned Public Prosecutor is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.