Madhya Pradesh High Court
Veeru Urf Veerendra vs The State Of Madhya Pradesh on 19 October, 2016
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
CRA-1314-2016
(VEERU URF VEERENDRA Vs THE STATE OF MADHYA PRADESH)
19-10-2016
Per Subodh Abhyankar, J:
Shri Narendra Nikhare, learned counsel for the appellants.
Shri Vivek Lakhera, learned Panel Lawyer for the
respondent-State.
Heard on admission.
Appeal is admitted for final hearing.
Also heard on I.A. No.9510/2016, which is an application under Section 389(1) of the Cr.P.C. filed on behalf of the appellants No.1 Veeru @ Virendra and No.2 Ranjeet Kumar for suspension of sentence and grant of bail.
The present appellants have been convicted under Section 302 read with Section 120-B of IPC and sentenced to life imprisonment with fine of Rs.5,000/- each with default clause. Learned counsel for the appellants submits that there is no cogent evidence to connect the present appellant with the alleged offence, wherein one Indra Kumar was done to death by chopping off his head. It is alleged against the co-accused Subodh Sharma that he used to practice black magic and for that purpose sacrificed the deceased, in which the present appellants were also falsely alleged to be involved. Therefore, it is prayed that the present appellants be enlarged on bail. On the other hand Shri Vivek Lakhera, learned Penal Lawyer appearing on behalf of the State has opposed the application. After going through the evidence on record, it appears that only allegation against the present appellants is that they accompanied co-accused Subodh Sharma and were found last seen together with the deceased along with Subodh Sharma, although Hiralal (PW-6), who claims to have seen the accused persons with the deceased has not been relied upon by the learned trial Court, as he did not identify the persons to whom he claims to have seen and only on the assumptions that these persons must have been the accused persons, who committed the murder of the deceased, the conviction has been rendered by the learned trial Court.
On due consideration of the facts and circumstances of the case but without expressing any opinion on the merits of the case at this stage, we are of the view that this is a fit case for suspension of sentence and grant of bail to the appellants. Hence, the I.A. No.9510/2016 filed by the appellants is hereby allowed.
It is directed that the execution of remaining jail sentence of the appellants Veeru @ Virendra and Ranjeet Kumar is hereby suspended and it is ordered that they shall be released on bail subject to depositing the entire fine amount and on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety of the like amount to the satisfaction of the CJM Mandla. On being released on bail, the appellants shall appear before the Registry of this Court first time on 21.12.2016 and thereafter on all such other dates as may be fixed by it in this regard.
List the case for final hearing in due course. Certified copy as per rules.
(S.K. GANGELE) (SUBODH ABHYANKAR)
JUDGE JUDGE
Ansari