Nandu Pardi vs The State Of Madhya Pradesh
2022 Latest Caselaw 5190 MP

                          1
         THE HIGH COURT OF MADHYA PRADESH
                   CRA No.5402/2021
            (NANDU PARDI VS. STATE OF M.P.)

Gwalior, Dated : 08/04/2022

      Shri Prakhar Dhengula, learned counsel for the appellant.

      Shri A.K.Nirankari, learned counsel for the State.

      Heard on I.A.No.472/2022. This is an application for

suspension of sentence and grant of bail.

      The appellant has been convicted for the following offences :

Conviction U/s        Sentence     Fine      Default (in lieu of fine)
307/34 of IPC         7 years RI   1,000/-   1 month RI

25 of the Arms Act 3 years RI      500/-     1 month RI
27 of the Arms Act 7 years RI      500/-     1 month RI

      It is submitted by the counsel for the appellant that the

appellant is in jail from the date of judgment i.e. 05/09/2019 and he

was in jail as an under trial from 30/07/2014 to 22/12/2015 and from

30/04/2019

to 05/09/2019 i.e. the date of judgment. Thus, he is in jail

for approximately more than four years, out of the jail sentence of

rigorous imprisonment of seven years awarded by the Trial Court.

On the face of arguments, it appeared that the appellant has

already undergone more than half of the jail sentence, but from the

order-sheets of the Trial Court, it is clear that in fact he was

absconding for a considerable long time. The appellant was granted

bail by this Court and ultimately, he was released on bail by order

dated 22/12/2015, but thereafter, he never appeared before the Court

and on all the dates, an application under Section 317 of Cr.P.C. was

THE HIGH COURT OF MADHYA PRADESH CRA No.5402/2021 (NANDU PARDI VS. STATE OF M.P.)

filed and ultimately, on 28/06/2016 when the case was fixed for

examination of accused, neither the appellant nor his counsel was

present.

Furthermore, the warrant of arrest, which was already issued

against the appellant was also not received back either served or un-

served, accordingly, he was declared absconding and by order dated

28/06/2016 the perpetual warrant of arrest was issued and on

30/04/2019, he was arrested in execution of perpetual warrant of

arrest. Thus, it is clear that on 22/12/2015, the appellant was released

on bail and thereafter, he never appeared before the Trial Court and

ultimately, he was declared absconding and thus, the conduct of the

appellant dis-entitles him for grant of bail because there is every

possibility that if the appellant is released on bail, he would abscond.

Furthermore, according to the prosecution case, the police party

received an information that some persons have gathered with large

quantity of weapons. When the police party reached the spot, the

appellant, who was already absconding even after his conviction in

another case, fired a gunshot at the police party, but the police party

somehow managed to save themselves and accordingly, the appellant

was arrested. During this period, the accused persons over run the

tractor on the complainant as well as Head Constable Prabhulal, as a

result, they also sustained injuries. Country made pistol with live

THE HIGH COURT OF MADHYA PRADESH CRA No.5402/2021 (NANDU PARDI VS. STATE OF M.P.)

cartridges were seized from the possession of the appellant.

The allegations that the appellant was already convicted, but

still he was absconding and he also fired at the police party and even

during pendency of the present appeal, he absconded, clearly dis-

entitles him for bail.

Accordingly, I.A.No.472/2022 fails and is hereby dismissed.

                                                             (G.S. Ahluwalia)
Arun*                                                              Judge
                         ARUN KUMAR MISHRA
                         2022.04.11 10:27:06 +05'30'