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2024 Supreme(Online)(SC) 5044

SUPREME COURT OF INDIA
SUBHASH – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The court acknowledged that the evidence based solely on the last seen theory was weak and emphasized the necessity of corroborative evidence for conviction (!) (!) .

  • The appellant, Subhash, was arrested on 04.03.2017 for an incident that occurred on 21.02.2017, with the primary evidence relying on the last seen testimony from a liquor shop employee (!) (!) .

  • The appellant had already been incarcerated for about seven years, and the appeal process was expected to take additional time (!) .

  • The court found that the last seen evidence was insufficient for a conviction without corroboration and, considering the prolonged incarceration, decided to suspend the sentence and grant bail pending the appeal (!) .

  • The court ordered the release of the appellant on bail during the pendency of the appeal, subject to conditions set by the trial court, including providing a contact mobile number (!) .

  • The court clarified that its observations were solely for the disposal of the present appeal and bail, and did not constitute a judgment on the merits of the case (!) .

  • The impugned judgment was set aside, and the appeal was allowed in the terms specified, with pending applications disposed of accordingly (!) (!) (!) .

  • The order included the condition that if the appellant failed to appear when the appeal was taken up, the High Court could cancel the bail and suspend the sentence (!) .

Please let me know if you need further analysis or assistance.


ORDER

Leave granted.

In the present case, the appellant – Subhash was arrested/detained on 04.03.2017. The incident in question had occurred sometime between 5–5.30 p.m. and 8.30 p.m. on 21.02.2017. The primary evidence relied upon by the prosecution and accepted by the trial Court is predicated on the last seen theory.

It is the contention of the appellant – Subhash that the last seen theory/evidence is rather weak, as Rahul Singh (PW-12) is an employee at the liquor shop, wherein hundreds of people come to make purchases.

The appellant – Subhash has already suffered incarceration for about seven years. The appeal preferred by the appellant – Subhash before the High Court is likely to take some time before it is heard and finally decided.

Having regard to the aforesaid facts and circumstances, we accept the present appeal and direct that during the pendency of Crl.A. @ SLP(Crl.) No. 16419/2023 Digitally signed by Deepak Guglani Date: 2024.04.08 18:29:36 IST Reason:

    Signature Not Verified Criminal Appeal no. 3491/20181 before the High Court, the appellant – Subhash will be released on suspension of sentence/bail, on terms and conditions to be fixed by the trial Court.
    The appellant

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