Madhya Pradesh High Court
Shailendra Sharma @ Sonu vs State Of M.P. on 18 November, 2016
Cr. Appeal No.713/2009
18/11/2016
Shri N.P. Dwivedi, Senior Advocate with Shri S.K.
Tiwari, counsel for the appellant.
Shri B.P. S. Chauhan, P.P for the respondent /State.
Heard on IA No. 3217/2016, an application for suspension of sentence on behalf of appellant Shailendra Sharma @ Sonu.
Appellant has been convicted and sentenced as under:
Section Act Conviction Fine 364-A/34 IPC R.I for life 1000/- 302/34 IPC R.I for life 1000/- 201/34 IPC R.I for 3 years 500/- 13 MPDVPK Act R.I. For 3 years 120-b IPC R.I for 14 years 500/-
After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, at present Bajrangi (PW-5) has stated before the Court that he knew the appellant because he was his tenant for some time and thereafter he took the portion on rent from the accused Shankar and from that same portion, the dead body of the deceased was found. Key of the lock was recovered from the house of Raghuveer and lock found on the door could be opened by that key. Sonu (PW-4) has identified the appellant in the jail with the pretext that he was the person, who took the deceased child.
In the present case, the learned Senior Advocate for the appellant has cited the judgment of the Apex Court in the case of State of Goa Vs. Sanjay Thakran and another reported in "(2007) 2 SCC (Cri.) 162" in which it is held that in the evidence of last seen, if there is time gap between the evidence of last seen and crime committed then the accused shall get the benefit of doubt. However, in the Cr. Appeal No.713/2009 present case, only evidence of last seen is not the evidence against the appellant.
After considering the entire evidence, it is not a good case, in which the appellant Shailendra Sharma @ Sonu may be released on bail.
Accordingly, IA No. 3217/2016 is hereby dismissed.
(N.K.Gupta) (G.S. Ahluwalia)
JUDGE JUDGE
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