Satyaprakash & Other vs State Of M.P.

I.A. No.4011/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Learned counsel for the rival parties are heard through video conferencing on I.A. No.4008/2020, which is first application for grant of bail and suspension of sentence moved on behalf of appellant No.1 - Satyaprakash u/S 389(1) of Cr.P.C.

This Criminal Appeal assails the judgment dated 08/09/2017 passed in Sessions Trial No.302/2014; whereby, appellant No.1-Satyaprakash stands convicted and sentenced as under:-

S.No.

Sections

Sentence

Fine

In lieu

1.

302/34 of IPC

Life Imprisonment

Rs.2000/-

Two   years RI

2.

201/34 of IPC

3 years

Rs.1000/-

3 months

3.

148 of IPC

2 years

-

-

It is submitted by learned counsel for the appellant No.1-Satyaprakash that this is the first application for grant of bail and suspension of sentence. Learned counsel for the appellant submits that the Court below has failed to appreciate the contradictions and omissions in the evidence of important prosecution witnesses. It is further submitted by learned counsel for the appellant that the appellant has suffered about 2½ years incarceration against the life imprisonment awarded by the Court below. Appellant No.1 is innocent and he has not committed any offence. There is no overt act on the part of the present appellant. It is further submitted that disposal of present appeal will take considerable long time. Appellant is ready to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail and suspension of sentence.

Learned Panel Lawyer for the State has vehemently opposed the application and has submitted that appellant No.1- Satyaprakash is one of the main accused in this case. Murder was very brutal. After the death of the deceased, for hiding her identity, the accused persons of this case had cut the nose and ears of the deceased. Hence, prayed for rejection of present application by contending that on the basis of the allegations and the material available on record, on case for grant of bail is made out.

The present appellant No.1- Satyaprakash has been convicted under Sections 302/34, 201/34 & 148 of IPC. It is apparent from record that at the time of commission of offence, all the accused persons were having common intention. Therefore, looking to the nature of offence committed by appellant No.1 and his custody period, in our considered opinion, we do not think it appropriate to grant bail and suspend sentence of appellant No.1- Satyaprakash.

Accordingly, I.A. No.4008/2020 stands dismissed.