Madhya Pradesh High Court
Narayan vs The State Of Madhya Pradesh on 13 August, 2021
Author: Sheel Nagu
1 Cra 856.2014
The High Court of Madhya Pradesh
CrA 856/2014
[ Narayan & Ors. Vs. State of M.P.]
Gwalior dated 13.08.2021
Shri Deependra Singh Kushwah, learned counsel for appellant.
Shri Vijay Sundram, learned Panel Lawyer for respondent/State.
Shri M.L. Yadav, learned counsel for victim.
IA.23080/2021, 8th repeat application u/Sec. 389(1) Cr.P.C. for
suspension of sentence and grant of bail moved on behalf of appellant No.4-
Suresh after rejection of earlier one as withdrawn, is taken up and
considered.
This criminal appeal assails the judgment dated 07.08.2014 passed in
ST.No.264/2004 by First Additional Sessions Judge to the Court of First
Additional Sessions Judge Bhind (M.P.) whereby appellant No.4- Suresh
has been convicted and sentenced as under:-
Sections Imprisonment Fine
302/149 of IPC Life Imprisonment Rs.10,000/- with default
stipulation
148 of IPC One Year RI ---
Learned counsel for the State opposed the application and prayed for
its rejection by contending that on the basis of the allegations and the
material available on record, no case for suspension of sentence is made out.
The allegation against appellant No.4-Suresh found to be proved by
the trial Court is that, on the fateful day without any provocation, abusive
words were uttered and main co-convicted person Sanju caused gunshot
injury in the neck of the deceased, which was closely followed by firing 2-3
gunshots by appellant-Suresh, which however did not find their target.
Medical report also discloses that there is only one gunshot injury
2 Cra 856.2014
caused to the deceased and none to anyone else. Main co-convicted person
Sanju has been extended benefit of suspension of sentence by order dated
02.07.2021 passed in present criminal appeal though solely on the ground of
having been completed 16 years of custody but considering the fact that
appellant No.4-Suresh has been implicated primarily with the aid of Section
149 of IPC but has not caused any injury to anyone and there is no
likelihood of early disposal of the present appeal in the near future, without
entering into the merits of the matter, this Court is inclined to grant bail to
appellant by way of suspension of sentence.
Accordingly, without expressing any opinion on merits,
IA.23080/2021 is allowed and it is directed that the jail sentence of
appellantNo.4- Suresh will remain under suspension subject to verification
that the amount of fine has been deposited, on appellant furnishing bail
bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent
surety of the like amount to the satisfaction of concerned CJM for his
appearance before the concerned CJM on 20.12.2021 and on such further
dates as may be fixed by him which shall be of frequency not less than once
a year.
In case, appellant is found absent on any date fixed by the concerned
Magistrate then the said Magistrate shall be free to issue and execute
warrant of arrest for securing his presence without first referring the matter
to this Court, provided the Registry of this Court is kept informed.
The learned concerned available Magistrate and the prosecution are
directed to ensure following of Covid-19 precautionary protocol prescribed
from time to time by the Supreme Court, the Central Govt. and as well as
the State Govt. during release, travel and residence of the appellant during
3 Cra 856.2014
period of suspension of sentence as a consequence of this order.
The appellant No.4-Suresh shall appear and mark his presence before
concerned Police Station once every fortnight.
If appellant No.4- Suresh is found in close vicinity of the victim or
their family members then the victim will be free to seek cancellation of his
bail.
The Superintendent of Police, Bhind (M.P.) shall ensure proper
protection to be given to the victim under the Witness Protection Scheme,
2018, formulated by the Supreme Court in the case of "Mahender Chawla
& Ors. Vs. Union of India & Ors. [(2019) 14 SCC 615]".
Registry is directed to communicate the copy of this order to the
Superintendent of Police, Bhind (M.P.) for compliance.
The Station House Officer of the concerned Police Station is directed
as follows:
1. The Station House Officer shall inform the victim about the release
of appellant No.4-Suresh on bail and shall also supply a copy of this bail
order to the victim.
2. In case of breach of any of the conditions of this order, the victim
shall be free to report the matter to the Station House Officer of the
concerned Police Station.
3. On receipt of any such complaint from the victim, the Station
House Officer of the concerned police station, in turn, shall inform the
Registry of this Court.
4. On receipt of information from the Station House Officer as
aforesaid, the Registry of this Court shall list this matter under caption
"Directions" before the appropriate Bench.
4 Cra 856.2014
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The Registry of this Court is directed to send a copy of this order to
the Magistrate of the concerned district as well as to the concerned Station
House Officer for information and compliance.
A copy of this order be sent to the court below for compliance.
C.c. as per rules.
(Sheel Nagu) (S.A. Dharmadhikari)
Judge Judge
ojha
YOGEND
RA OJHA
2021.08.
18:18:52
+05'30'
