Vishnu vs State Of Madhya Pradesh

Heard on I.A.No.16302/2023, an application under Section 5 of the Limitation Act for condonation of delay.

For the reasons stated in the application, the same is allowed. Delay of 144 days in filing the appeal is hereby condoned.

Also heard on the question of admission.

The appeal is admitted for hearing.

Heard on I.A.No. 16118/2023, which is first application filed under Section 389(1) of the Cr.P.C. for suspension of jail sentence of appellant who stands convicted vide judgment dated 27.03.2023 passed by the First Additional Sessions Judge, Manasa, District Neemuch (MP) in Session Trial No. 100102/2015 for offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 1000/- and Section 201 read with Section 34 of the IPC and sentenced to undergo RI for two years with fine of Rs. 1000/- and default stipulations.

2 . The prosecution case found to be proved is that on 15.08.2015 deceased Ganesh along with the appellant and other co-accused persons had gone to the hutment (dera) o f one Sunderbai (PW-5) for consuming liquor. Some dispute arose and the accused persons assaulted the deceased Ganesh. Thereafter, they went to Sarsi Road where he was again beaten and Ashok, Vishnu, Karu and Pankaj assaulted with stone on his head due to which he died and his body was thrown on the road to show that it was an accident.

3 . Learned counsel for the appellant submits that appellant has been falsely implicated in the case. It is a case of circumstantial evidence. There is neither any evidence of last seen nor any eye witness to the incident. In all, 10 accused persons have been implicated in the case and convicted solely on the basis of statement of Sampatlal (PW-2) and Sunderbai (PW-5). Sampatlal (PW-2) is the father of the deceased Ganesh who specifically stated that he has not seen the incident but all the 10 accused persons used to live with the deceased. Sunderbai (PW-5) who is the owner of the hutment (dera) where initially the incident took place, also turned hostile. Learned counsel for the appellant further contended that the appellant cannot be convicted solely on the statement recorded under Section 164 of the Cr.P.C. There is no evidence at all on the basis of which it could be said that the accused had actually committed the crime. The chain of evidence is not complete. Final disposal of this appeal will take considerable time. Further, the co-accused persons have already been enlarged on bail by this Court. Therefore, in such circumstances, it is prayed that the jail sentence of appellant be suspended and he be released on bail.

Learned counsel for the respondent/State adopts the reply filed in respect of co-accused Sanjay in CRA No. 5513/2023 and opposes the prayer for suspension of jail sentence and prays for its rejection.

5 . On due consideration of the facts and circumstances of the case, without expressing any opinion on merits of the case, I.A.No. 16118/2023 is allowed and it is directed that upon depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of the appellant Vishnu s/o Babulal Kachhava shall remain suspended till the final disposal of the appeal and he shall be released on bail. He shall appear before the concerned trial Court firstly on 21.12.2023 and on all other subsequent dates, as may be fixed in this behalf by that Court.

List along with CRA No. 5513/2023.

Certified copy as per rules.