PARMU SHAKY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard o n I.A.No.5756/2024, which is first application under Sec. 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of appellant - Parmu Shaky. Appellant stands convicted under Ss. 302 & 201 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000.00 and R.I. for three years with fine of Rs.5,000.00 respectively with usual default stipulation vid e judgment dtd. 27/02/2024 passed in ST No.2013/2019 by Seventh Additional Sessions Judge, District Shivpuri(M.P.). A s per prosecution story, a missing person report No.32/2019 was lodged on 19/7/2019 by complainant Damini regarding missing of Smt. Sampat Bai. Thereafter, investigation was started and statement of relatives were recorded in which they raised doubt on present appellant- Parmu Shaky. Accordingly, case has been registered.

(2.) Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. The appellant has suffered jail incarceration from 27/2/2024. He is a young person and not having any criminal antecedent. He is permanent resident of District - Shivpuri. There is strong case in favour of the appellant. Final disposal of the appeal will take considerable long time. Under these circumstances, he prays that the application be allowed and the remaining jail sentence of the appellant be suspended till final disposal of the appeal. P er contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that the trial Court after due consideration of the evidence available on record, convicted the appellant. Hence, he is not entitled to grant benefit of suspension of sentence. Heard learned counsel for the parties and perused the entire record with due care.

(3.) S o far as merits of the case is concerned, as per statement of PW-8/Dileep Jatav, who is the minor son of the deceased, she (deceased) gone along with present appellant and did not return. Thereafter, the appellant was arrested. The dead body of Sampat Bai was found in the forest area. The police also recovered his clothes on which human blood was found. Accordingly, we are of the considered opinion that it is not a fit case for allowing the application for suspension of sentence. Accordingly I.A.No.5756/2024 stands dismissed. Certified copy as per rules.