Madhya Pradesh High Court
Netram vs The State Of Madhya Pradesh on 30 June, 2021
Author: Rajendra Kumar Srivastava
1 CRA-7836-2019
The High Court Of Madhya Pradesh
CRA-7836-2019
(NETRAM Vs THE STATE OF MADHYA PRADESH)
9
Jabalpur, Dated : 30-06-2021
Heard through Video Conferencing.
Shri Vishal Daniel, learned counsel for the appellant.
Shri Brijendra Kushwaha, learned P.L. for the respondent/State.
Appeal is already admitted for final hearing.
Heard on I.A. No.3907/2021, which is second application for
suspension of sentence and grant of bail to the appellant-Netram.
Earlier application was dismissed as withdrawn on 25.09.2020 with
liberty to renew the prayer after six months.
The appeal has been preferred under Section 374(2) of the
Cr.P.C.,1973 b y the appellant/accused against judgment dated
31.07.2019 passed by learned Upper Session Judge, Seoni (MP) in ST
No. 59/2017, by which the appellant has been convicted for offence
under Sections 307 of IPC and has been sentenced to undergo R.I. for 10
years with fine of Rs.5000/-. Default stipulation has also been imposed
by the trial Court.
P r o s e c uti o n case, in short, is that on 27.09.2016,
complainant/Manju was in her parental house. Appellant/accused is
husband of complainant/Manju. At the time of incident, appellant/accused
reached in her parental house. Appellant/accused asked
complainat/Manju to bring water but complainant/Manju refused him then
appellant/accused inflicted injury to the complainant/Manju with knife.
Resultantly, complainat/Manju received grievous injuries which are
dangerous to her life.
Learned counsel for the appellant/accused submits that learned
trial Court committed grave error to convict and sentence the
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SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.07.01 17:15:54 IST
2 CRA-7836-2019
appellant/accused. Learned trial Court did not appreciate the evidence in
perspective way. Dr. G.Lakra (PW-7) examined the complainat/Manju.
He found one incised wound on the neck of complainant/Manju and other
injuries are found on other parts of her body, but no injury is dangerous
to life. Dr. G.Lakra (PW-7) referred to the complainant/Manju for further
medical treatment to Higher Medical Centre. But no other doctor has
been examined by the prosecution. Although, Dr. G.Lakra (PW-7)
deposed before the trial Court that injuries could be dangerous to life, if
medical treatment is not provided to the complainant/Manju timely. So,
no case is made out under Section 307 of IPC against the
appellant/accused. Apart from this, there is material contradictions and
omissions in the evidence of witnesses. Appellant/accused is in custody
since 02.02.2017, so he has served almost 4 years and 6 months sentence
out of 10 years jail sentence. Therefore, he has served almost substantial
sentence. This appeal is of the year 2019. There are fair chances to
succeed in the appeal. It is time of COVID-19, due to this, final hearing
of this appeal will take time. Therefore, the application filed on behalf of
the appellant may be allowed and the period of his remaining jail
sentence may be suspended further and he may be released on bail.
Learned P.L. for the respondent/State while opposing the
application submits that the impugned judgment of conviction and order
of sentence is based on proper appreciation of oral as well as
documentary evidence. The appellant/accused have committed grave
offence which is serious in nature. Therefore, he prays for rejecting this
application.
Considering the argument of both the parties and this fact initially
complainant/Manju is examined by the Dr. G.Lakra (PW-7). Thereafter,
Dr. G.Lakra (PW-7) referred to the complainant/Manju for further
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medical treatment to Higher Medical Centre where her treatment was
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Date: 2021.07.01 17:15:54 IST
3 CRA-7836-2019
going on. Although, no other doctor is examined by prosecution. Dr.
G.Lakra (PW-7) also opined that injury can be dangerous to life if
medical treatment is not provided timely. Appellant/accused is in
custody since 02.02.2017, so he has served almost 4 years and 6 months
sentence out of 10 years jail sentence. Therefore, he has served almost
substantial sentence. This appeal is of the year 2019. It is time of
COVID-19 due to this final hearing of this appeal will take time, but
without expressing any opinion on the merits of the case, I am o f the
considered opinion that it would be appropriate to suspend the execution
of jail sentence awarded to the appellant and grant bail to him.
Consequently, I.A. No.3907/2021 is allowed subject to deposit of
fine amount, if not already deposited. The custodial sentence awarded to
the appellant shall remain suspended during the pendency of this appeal.
Appellant-Netram be released from custody subject to his
furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty
Thousand Only), with one surety in the like amount, to the satisfaction of
the trial Court. The appellant shall appear and mark his presence before
the trial Court on 20.09.2021 and shall continue to do so on all such
future dates, as may be given by the trial Court in this behalf, during
pendency of the matter.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the
appellant shall also comply with the rules and norms of social distancing.
Further, in view of the order passed by the Hon'ble Supreme Court in
suo moto W.P.No.1/2020, it would be appropriate to issue the following
direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the
appellant by the jail doctor before his release.
2 . The appellant shall not be released if he is suffering from
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'Corona Virus disease'. For this purpose appropriate tests will be carried
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Digitally signed by LALIT SINGH RANA
Date: 2021.07.01 17:15:54 IST
4 CRA-7836-2019
out.
3 . If it is found that the appellant is suffering from 'Corona Virus
disease', necessary steps will be taken by the concerned authority by
placing him in appropriate quarantine facility.
List the matter for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
L.R.
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SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.07.01 17:15:54 IST
