Pransingh @ Pinna vs The State Of Madhya Pradesh Thr.
2021 Latest Caselaw 2145 MP

                                              1              CRA-1024-2015

              THE HIGH COURT OF MADHYA PRADESH

                             CRA-1024-2015
              (Pran Singh @ Pinna and Ors Vs. The State of M.P.)

Gwalior, dated: 07.06.2021

          Shri D.D. Sharma, learned counsel for appellants.

          Shri Rajesh Shukla, learned Deputy Advocate General for

respondent.

Heard through video conferencing.

I.A.No.11277/2021, 2ndt application u/S. 389 (1) Cr.P.C. for

suspension of sentence moved on behalf of appellant No.3-Netram is

considered.

This criminal appeal assails the judgment dated 31.08.2015

passed in S.T. No.56/2011 by Special Judge (Sc/St Act) Vidisha District

Vidisha whereby appellant No.3-Netram has been convicted as under: :-

            Section           Imprisonment        Fine
        302/34 of IPC        L.I.                 Rs.500/- with default
                                                  stipulation
        307/34 of IPC        7 years R.I.         Rs.500/- with default
                                                  stipulation
        324/34 of IPC        1 year's R.I.        Rs.500/- with default
                                                  stipulation

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 grant of bail is made out.

Learned counsel for the appellants submits that appellant No.3

has suffered more than 6 years of custody period as against life

imprisonment awarded.

In the present case, Shivlal is the deceased. The eye witness 2 CRA-1024-2015

Saraswati Bai has died not on account of the injuries, but in natural

course, however, her statement under Section 161 of Cr.P.C. cannot be

treated as dying declaration, though she has not deposed in Court. Other

witnesses are namely, Sharwan (PW-2) (child witness), Annu @ Amirit

Singh (PW/4) and Ram Krishna (PW/7). Sharwan (PW-2) in para 7 of his

cross-examination states that when he came to depose in the Court he was

tutored by his brother with whom he had attended the Court proceedings.

When the specific question regarding narration of the incident by him in

the Court was put, first he said 'yes' later 'no'. The trial Court considered

the testimony of the child witness in para 29 and said that in the tensed

atmosphere in Court, it cannot be presumed the child witness would as he

state in the examination in chief is not stating the mental stage. Looking

to the question put to him an admission was made by the said witness that

when he came to attend the Court proceedings, he was tutored by brother,

that what statement he has to give in the case, and cross examination of

Sharwan (PW/2) has been discarded, stating that the testimony of the said

witness cannot be set to be tutored, but it may be an issue at the time

arguments on merits of the case. Looking to the documents as well as

testimony of Annu @ Amrath Singh (PW/4) it is clear that he was not an

eye witness and reached on spot later. Simultaneously, Ram Krishna

(PW/7) who is son-in-law (Jamai) did not identify any of the persons in

the present case and Saraswati Bai while dying when she visited the

Doctor, has stated that the some unknown persons had assaulted to them

as reveal in her statement recorded under Section 161 of Cr.P.C. It is also 3 CRA-1024-2015

submitted that co-convicted person Pran Singh and Kanchedi have been

extended benefit of bail by way of suspension of sentence by order dated

4.05.2018 and 24.07.2020 passed in present criminal appeal.

In view of above and looking to the special circumstances of

ongoing Covid- 19 pandemic and that there is no hope of this appeal

coming up in the near future for final hearing, this Court is inclined to

grant bail to the appellant No.3-Netram by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.

11277/2021 is allowed and it is directed that the jail sentence of appellant

No.3-Netram will remain under suspension subject to verification that the

amount of fine has been deposited, on the appellant No.3 furnishing bail

bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent

surety of the like amount to the satisfaction of concerned Magistrate for

his appearance before the concerned Magistrate on 06/09/2021 and on

such further dates as may be fixed by him which shall be of frequency not

less than once in a year.

In case, appellant No.3 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 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 4 CRA-1024-2015

as well as the State Govt during release, travel and residence of appellant

No.3 during period of suspension of sentence as a consequence of this

order.

C.c as per rules.

                                                       (Sheel Nagu)            (Anand Pathak)
                                                           Judge                   Judge


         Aman

Aman       Digitally signed by Aman Tiwari
           DN: c=IN, o=High Court Of Madhay Pradesh
           Bench Gwalior, ou=all,

2.5.4.20=70c6eef55d043fbd523acacb7d1ef4b0

Tiwari 609a37510b8e1527bc41da9009c41f72, postalCode=474011, st=MADHYA PRADESH, cn=Aman Tiwari Date: 2021.06.10 16:32:34 +05'30'