IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4203 of 2021 (SHYAM SINGH RAJPOOT Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 04-05-2023 Mr. Surendra Singh - Senior Advocate with Mr. Kapil Pathak -

Advocate for appellant Shyam Singh Rajpoot.

Mr. Ajay Shukla - Government Advocate for the respondent/State.

Mr. K. Anthony - Advocate for the objector.

Heard on I.A. No.2810 of 2023 for suspension of sentence and grant of bail to appellant Shyam singh Rajpoot arising out of judgment dated 28/06/2021 delivered by Special Judge (Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, East Niwar, District Khandwa in Special Case No. 08/2017.

The appellant has been convicted under Section 302 r/w 34 of IPC and sentenced to undergo R.I for life with fine of Rs.2500/- and under Section 3(2)(5) of SC/ST Act and sentenced to undergo R.I. for life with fine of Rs.2500/-, within default stipulation.

Learned senior counsel for the appellant submits that as per prosecution story, the deceased Yashwant, an employee of Power Grid was found dead at the work place. Admittedly, there is no eye-witness to the incident. The appellant was held guilty on the basis of circumstantial evidence. By placing reliance on para-94 of the impugned judgment wherein Court gave finding regarding existence of 'motive', learned senior counsel submits that the said finding is related to the co-emplyee of deceased and co-accused Rakesh Tanwar. The present appellant was not Signature Not Verified an employee of the Grid where deceased was working. As per the prosecution story, a quarrel had taken place between Rakesh Tanwar and deceased relating to shift time of working and said quarrel or motive (if any) has no thread relation so far present appellant is concerned. There are no clinching and legal evidence on the streangth of which the appellant can be held guilty. As per the story, four mobile phones were allegedly recovered but prosecution could not establish that the deceased was the owner of the said mobile phones. Similar is the case of memory card which is allegedly recovered from the appellant. It could not be established that the memory card belongs to deceased. Merely because in the memory card whatsapp photos and wall paper image of deceased was restored, it cannot be presumed that it was the memory card of deceased. The appellant could have been held guilty on the basis of circumstantial evidence when the chain of circumstances are clear, complete and accurate. PW-2, PW-3, PW-6 & PW-7 deposed their statements and a conjoint reading of these statements show that appellant reached the scene of crime with many other persons out of curiosity. No nexus could be established between commission of crime and presence of appellant. Appellant remained in actual cusoty for about three years. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

The prayer is opposed by learned Government Advocate and learned counsel for objector. Shri Shukla, learned Government Advocate placed reliance on certain paragraphs of the impugned judgment to submit that Signature Not Verified there exist circumstantial evidence on the strengths of which appellant was held guilty.

We have heard the parties at length and perused the record.

In view of aforesaid factual backdrop and without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A. No. 2810 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant Shyam Singh Rajpoot be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, East Niwar, Khandwa on 12th Ju