Nahar Singh Tomar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6302 MP

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          The High Court Of Madhya Pradesh
                    CRA-1792-2021
            (NAHAR SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-01/10/2021
      Shri Ajit Singh Bhadouria, learned counsel for the appellant.

      Shri Ramadhar Chaubey, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.27676/2021, second application under Section

389 of Cr.P.C. for suspension of jail sentence on behalf of appellant-

Nahar Singh Tomar.

This criminal appeal has been filed against the judgment dated

12/01/2021 passed by Fourth Additional Sessions Judge, Gwalior,

Distt. Gwalior (M.P.) in ST No.29/2016 by which appellant has been

convicted as under:-

Section                      Sentence         Fine       In        default
                                                         stipulation
489(g) of IPC                3 years of R.I. Rs.1000/- 01 month R.I.
489(kh) of IPC               5 years of R.I. Rs.2000/- 02 months R.I.

16 r/w section 15(1) (k) (III- 7 years of R.I. Rs.3000/- 03 months R.I. K) of Unlawful Activities (Prevention) Act.

It is submitted by learned counsel for appellant- Nahar Singh

Tomar that the appellant has been wrongly convicted by the trial

Court. There are lots of contradictions and omissions in the evidence

of the prosecution witnesses. It is further submitted that appellant is

not the main accused of the case, rather as per judgment of the trial

Court wherein trial Court itself has observed that appellant is not the

main accused. It is also submitted that the appellant is in custody since

The High Court Of Madhya Pradesh CRA-1792-2021 (NAHAR SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)

12/01/2021 and other co-accused of this case has already been granted

bail by this Court. The present appellant is on same footing with the

co-accused. There is no possibility of final hearing of this appeal in

near future. Hence, on the basis of parity and total custody period of

appellant, which is around eight months, learned counsel prayed to

suspend the remaining jail sentence of appellant. He further

undertakes to abide by all the terms and conditions of guidance,

circulars and directions issued by Central Government, State

Government as well as Local Administration regarding measures in

respect of COVID-19 Pandemic and maintain hygiene in the vicinity

while keeping physical distancing.

Learned State counsel has vehemently opposed the application

and submitted that custody period of appellant- Nahar Singh Tomar is

very short. Hence, prayed to reject this repeat application filed for

suspension of jail sentence of appellant.

Heard learned counsel for the parties and perused the material

documents available on record.

On perusal of record available, it is apparent that total custody

period of appellant is around eight months and the trial Court has

awarded the punishment of seven years rigorous imprisonment with

fine of Rs.3,000/- for offence under Sections 16 read with section

15(1) (k) (III-K) of Unlawful Activities (Prevention) Act and the case

The High Court Of Madhya Pradesh CRA-1792-2021 (NAHAR SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)

of present appellant is different from the case of other co-accused,

who is enlarged on bail. Therefore, considering the custody period of

appellant, which is very short, this Court is not inclined to suspend the

jail sentence of appellant - Nahar Singh Tomar.

Accordingly, I.A. No.27676/2021 is hereby dismissed.

List the case for final hearing in due course.

(Rajeev Kumar Shrivastava) Judge Monika

Digitally signed by MONIKA SHARMA DN: c=IN, o=HIGH COURT OF

MONIKA MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,

SHARMA st=Madhya Pradesh, 2.5.4.20=1cbbae26c87c00013f50467 48e62527c7ddf7dd9146694af9eed9 6f47a359612, cn=MONIKA SHARMA Date: 2021.10.04 16:33:50 +05'30'