PARASRAM Vs. STATE OF M,P,
LAWS(MPH)-2020-9-37
HIGH COURT OF MADHYA PRADESH (FROM: JABALPUR)
Decided on September 22,2020

PARASRAM Appellant
VERSUS
State Of M,P, Respondents

JUDGEMENT

ATUL SREEDHARAN,J. - (1.)Heard.
(2.)This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.147/2020 for the offences punishable under Sections 302, 201, 34 of the I.P.C., registered at Police Station-Dhuma, District- Seoni.
(3.)The applicant is in judicial custody since 29.05.2020 in the aforementioned case. The allegation against the applicant is of having murdered the deceased Champulal. Admittedly, there is no eye-witness account in favour of the prosecution. The evidence is circumstantial in nature. The deceased went missing since 27-28.05.2020. Thereafter, his body was recovered upon information of one Santram Gond given to the father of the deceased Pyarelal. The F.I.R. is registered and the first 161 statement of Pyarelal is recorded on 29.05.2020. Pyarelal says that the deceased had taken to drinking heavily and he used to keep the company of the applicant and another person very frequently. It is noteworthy to state that Pyarelal does not say that he last saw the applicant in the company of the deceased. Thereafter, after a passage of five days, on 02.06.2020, the 161 statement of Nirpat, the brother of the deceased is recorded, who says that their father informed them that the deceased was last seen with the applicant herein. On the same day i.e. on 02.06.2020, the statement of Jivanlal is also recorded, who says that on 27.05.2020, he saw Jivanlal and the deceased going together and after a while, he saw Jivanlal returning alone. Signature Not Verified SAN Learned counsel for the State while opposing the application for grant of bail has also referred to the statement of one Siyaram which was recorded U/s.161 Cr.P.C. by the Police on 16.06.2020. Siyaram says that when the Police had arrested and brought the applicant to the village, the applicant is stated to have confessed his crime in the presence of the witnesses Siyaram, Jivanlal and Nirpat.


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