Madhya Pradesh High Court
Narayan Raghuwanshi vs The State Of Madhya Pradesh on 8 October, 2021
Author: Sanjay Dwivedi
1 CRA-2721-2020
The High Court Of Madhya Pradesh
CRA-2721-2020
(NARAYAN RAGHUWANSHI Vs THE STATE OF MADHYA PRADESH)
11
Jabalpur, Dated : 08-10-2021
Heard through Video Conferencing.
Shri Manish Datt, learned senior counsel with Shri Siddharth Datt,
learned counsel for the appellant.
Shri Prakash Gupta, learned Panel Lawyer for the respondent/State.
This appeal has already been admitted.
Heard on I.A No.12195/2020, which is the first application for
suspension of sentence and grant of bail to the appellant.
The appellant has been convicted under Section under Sections
302/149 and 450 of the Indian Penal Code and sentenced thereunder to suffer
imprisonment for life and rigorous imprisonment for ten years with fine of
Rs.2,000/- and Rs.1,000/- respectively with default stipulations.
Learned senior counsel appearing for the appellant submits that though
the present appellant has been convicted but the Court below has not
properly appreciated the fact that the identity of the present appellant is
doubtful from very inception as two dying declarations were recorded one by
doctor and another by Tahsildar, but in both the dying declarations even in
the Dehati Nalsi the parentage of the present appellant-Narayan Singh has not
been shown. He further submits that though a police officer arrested the
appellant, but he has not been produced as a witness. He also submits that
the present appellant himself appeared in witness box and got himself
recorded under Section 315 of the Code of Criminal Procedure, but the
prosecution failed to produce any evidence to establish the fact that the
present appellant was the same one who has been named by the deceased in
dying declaration. The counsel for the appellant has pointed out that this
aspect has been considered by the trial Court in paragraph-41 of the judgment
but in the observation made therein it is not specific as to on what basis the
2 CRA-2721-2020
defence taken by the present appellant has been discarded. Upon these
submissions, he prays that the application for suspension of sentence be
allowed and the present appellant be released on bail.
Shri Gupta, learned Panel Lawyer appearing for the respondent/State
has opposed the submissions made by the counsel for the appellant and
relied upon the observation made by the Court below in paragraph-41 of the
judgment. He has submitted that it is not a case in which the name of the
present appellant has come once in one of the documents, but from very
inception i.e. from Dehati Nalsi till dying declaration, the name of the present
appellant-Narayan Singh has been mentioned and now at this Stage, it is not
appropriate for this Court to consider and observe regarding the identity of
the appellant while granting bail.
Considering the rival submissions of the learned counsel for the parties
and perusal of record, prima facie we find substance in the submissions
made by the counsel for the appellant, although without commenting anything
on merits, I.A No.12195/2020 is allowed.
It is directed that remaining jail sentence of the appellant shall remain
suspended and he shall be released on bail upon his furnishing a personal
bond in the sum of Rs.1,00,000/- (Rupees One Lac) with a surety bond of
like amount to the satisfaction of trial Court concerned for his appearance
before the Registry of this Court on 24.01.2022 and on such other dates as
may be fixed by the Registry in this regard.
Accordingly, I.A No.12195/2020 is allowed and disposed of.
Certified copy as per rules.
(SANJAY DWIVEDI) (RAJENDRA KUMAR SRIVASTAVA)
JUDGE JUDGE
ac/-
ANIL CHOUDHARY
2021.10.08 18:38:02
+05'30'
