Madhya Pradesh High Court
Arun Meena vs The State Of Madhya Pradesh on 20 November, 2020
Author: Sujoy Paul
Bench: Sujoy Paul
1 CRA-5948-2019
The High Court Of Madhya Pradesh
CRA-5948-2019
(ARUN MEENA AND OTHERS Vs THE STATE OF MADHYA PRADESH) 9 Jabalpur, Dated : 20-11-2020 Heard through Video Conferencing.
Shri Sankalp Kochar, counsel for the appellants. Shri Piyush Bhatnagar, PL for the State.
Heard on I.A. No. 9687/2020, which is second application for suspension of sentence and grant of bail to appellant No. 1 Arun Meena.
Earlier application of appellant No. 1 was dismissed as not pressed.
Appellant No. 1 has been convicted by the trial Court under Section 364-A read with Section 34, Section 120-B and Section 365 read with Section 34 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 10,000/- (on two counts) and R.I. for 7 years with fine of Rs. 10,000/- respectively with default stipulations.
Learned counsel for the appellant submits that it is a case of circumstantial evidence and chain of circumstances is not complete in this case. Learned trial Court has not properly appreciated the evidence on record and convicted appellant No. 1 for committing the aforesaid offences, therefore, the jail sentence of appellant No. 1 may be suspended and he may be released on bail.
Learned Panel Lawyer has opposed the application and placed reliance on the judgment of the Supreme Court in the case of Kishore Bhadke Vs. State of Maharashtra reported in (2017) 3 SCC 760 We have heard learned counsel for the parties at length and gone through the evidence available on record. Considering the testimony of Omkar Patel (PW-10), Ravindra Singh (PW-11), Deepak Adlakha (PW-14) and Lalit Dangur (PW-15) Investigating Officer and in the light of the judgment of the Supreme Court in Kishore Bhadke (supra), we do not find it a fit case to suspend the jail sentence of appellant No. 1 and to release him 2 CRA-5948-2019 on bail.
Accordingly, I.A. No. 9687/2020 is dismissed.
(SUJOY PAUL) (SMT. ANJULI PALO)
JUDGE JUDGE
PB
Digitally signed by
PRADYUMNA BARVE
Date: 2020.11.20
16:26:14 +05'30'