Madhya Pradesh High Court
Manoj Banjara vs The State Of Madhya Pradesh on 27 April, 2021
Author: Chief Justice
1 CRA-5533-2020
The High Court Of Madhya Pradesh
CRA-5533-2020
(MANOJ BANJARA Vs THE STATE OF MADHYA PRADESH)
5
Indore, Dated : 27-04-2021
Heard through Video Conferencing.
Shri Virendra Kumar S. Parihar, Advocate for the appellant.
Shri Amit Singh Sisodia, Govt. Advocate for the respondent/State.
Heard on I.A. No.332/2021 which is the first application for
suspension of sentence and grant of bail on behalf of the appellant.
T he appellant has been convicted under Section 302 of I.P.C. and
sentenced to undergo R.I. for life with fine of Rs.3,000/- with default
stipulation vide judgment dated 3.10.2020 passed by the 7th Additional
Sessions Judge, Ujjain in S.T. No.38/2019.
Shri Virendra Kumar Parihar, learned counsel appearing for the
appellant has argued that from the evidence available on record, the statement
of several prosecution witnesses including Manohar Patel (PW-7), Gorulal
(PW-8) and Ratanlal (PW-9) as well as the Investigating Officer and also
from the defence set up by the accused/appellant it is prove that the deceased
had eloped with one Prakash Banjara and did not want to stay with the
accused/appellant. It is submitted that Panchayat of the Banjara community
was convened in which the deceased Priyanka had openly stated that she
want to go with Prakash Banjara, but the Panchayat decided to ask her to stay
with the appellant-Manoj Banjara. Besides from what has been stated by
Manohar Patel (PW-7), Gorulal (PW-8) and Ratanlal (PW-9) it is proved that
the deceased committed suicide. They stated that they had to break open the
door of room in which the deceased was found to have sustained burn
injuries and that the accused/appellant, who had gone to answer the call of
nature, thereafter arrived at the scene of occurrence and then the ambulance
was called and the deceased was taken to the hospital by them.
Learned counsel for the appellant submitted that these three eye
2 CRA-5533-2020
witnesses have not been disowned by the prosecution, inasmuch as, they did
not request the Court to declare them hostile their testimony would therefore
be binding on the prosecution. It is also submitted that the appellant is in jail
for last about 3 years for no fault his. In view of all the circumstances, the
dying declaration of the deceased is surrounded by the suspicious and
therefore cannot be fully relied upon.
Learned Government has opposed the application.
Having considered the contentions of the learned counsel for parties,
considering the material available on record and the facts and circumstances
of the case and that the hearing of the appeal is likely to take time, we are
persuaded to allow the application I.A. No.332/2021 and suspend the
sentence awarded to the appellant.
It is directed that the remaining part of the jail sentence imposed upon
the appellant - Manoj Banjara, shall remain suspended and he shall be
enlarged on bail upon his furnishing a personal bond in the sum of
Rs.50,000/- (Fifty Thousand Only) with two sureties of Rs.25,000/- each to
the satisfaction of the learned trial Court.
The jail authorities shall have the appellant checked by the jail doctor
to ensure that she is not suffering from the coronavirus and if she is, she shall
be sent to the nearest hospital designated by the State for treatment. If not,
she shall be transported to her place of residence by the jail authorities.
Certified copy as per rules.
(MOHAMMAD RAFIQ) (SANJAY DWIVEDI)
CHIEF JUSTICE JUDGE
Anchal
Digitally signed by
ANCHAL KHARE
Date: 2021.04.27
16:33:58 +05'30'
