Madhya Pradesh High Court
Nihal Kewat vs The State Of Madhya Pradesh on 5 July, 2021
Author: Nandita Dubey
1
HIGH COURT OF MADHYA PRADESH
Cri. Appeal No.5556/2020
(Nihal Kewat vs. State of Madhya Pradesh)
THROUGH : VIDEO CONFERENCING
Jabalpur, Dated 05.07.2021.
Shri Ghanshyam Pandey, Advocate for the
appellant.
Shri Darshan Soni, Govt. Advocate for the
respondent/State.
IA No.6410/2021, for grant of temporary bail to
the appellant for a period of seven days on the ground
of marriage of his cousin sister has become infructuous.
Hence, it is dismissed.
Heard on IA No.12156/2020, an application for
suspension of sentence and grant of bail to appellant.
The appellant has been convicted under Sections
302 and 450 of the IPC, and sentenced to life
imprisonment with fine of Rs.2000/-, and R.I. For five
years with fine of Rs. 1000/-, respectively with default
stipulations in S.T.No.44/2018 by learned 26th
Addl.Sessions Judge, Jabalpur, vide judgment dated
21.10.2020. Both the sentences were directed to run
concurrently.
Learned counsel for the appellant submitted that
the only overt act attributed to the present appellant is
that he kicked the deceased. It is pointed out that both
the hands of the appellant are amputated below elbow
and he is unable to perform even his routine work. It is
submitted that the main allegation is against Ratnesh
Rajak who has assaulted the deceased with knife and
Sourabh Sen who held him. It is further submitted that
during trial also the appellant was on bail and earlier on
26.11.2020, he was released on temporary bail for a
period of seven days by this Court, he has not misused
the liberty and surrendered immediately after expiry of
seven days. Lastly, it is submitted that the appeal
would take considerable time to dispose of finally due
to present Covid-19 scenario, hence, jail sentence of
appellant may be suspended and he may be released
on bail.
The prayer is opposed by learned Govt. Advocate
appearing for the respondent/State.
Looking to the eye-witness account of Shyama Bai
(PW.1), Ravin Singh (PW.7) and Honey Singh (PW.8)
wherein they have stated that the present appellant
only kicked the deceased, I.A. No.12156/2020 is
hereby allowed.
Remaining jail sentence of appellant Nihal Kewat
is hereby suspended and it is directed that subject to
depositing the fine amount and furnishing the personal
bond in the sum of Rs.50,000/-(Rs. Fifty Thousand
Only) with one surety in the like amount to the
satisfaction of the trial Court concerned, the appellant
shall be released on bail with a further direction to
appear before the Registry of this Court firstly on 8th
March,2022, and also on such other dates, which
normally will not be less than the period of eight
months as may be fixed by the Registry in this regard
during pendency of this appeal.
A typed copy of this order be forwarded by the
Registry to the Office of the Advocate General and to
Mr. Darshan Soni, learned Govt. Advocate on their
respective email addresses, for compliance. The office
is also directed to forward a copy of this order to the
learned Court below.
Certified copy/e-copy as per rules/directions.
(Nandita Dubey) (R.K.Srivastava)
Judge. Judge.
Jk.
Digitally signed by JITIN KUMAR
CHOURASIA
Date: 2021.07.05 16:34:52 +05'30'
