Madhya Pradesh High Court
Nana @ Nanuram vs The State Of Madhya Pradesh on 18 January, 2022
Author: Subodh Abhyankar
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Cr. A. No.8985 of 2019
Anil & another Vs. State of M.P.
&
Cr. A. No.8987 of 2019
Prakash & another Vs. State of M.P.
&
Cr.A. No.8989 of 2019
Nana @ Nanuram & another Vs. State of M.P.
Indore, Dated:- 18/01/2022
Heard through video conferencing.
Shri C. L. Yadav, Senior Counsel with Shri Om Prakash
Solanki, Counsel for the appellant - Anil Yadav in I.A.
No.28416/2021 and appellant - Jitu @ Jitendra in I.A. No.648 of
2022 in Cr.A. No.8985 of 2019.
Shri C. L. Yadav, Senior Counsel with Shri Om Prakash
Solanki, Counsel for the appellant - Chika @ Rajesh in I.A.
No.29877/2021 in Cr.A. No.8987 of 2019.
Shri C. L. Yadav, Senior Counsel with Shri Om Prakash
Solanki, Counsel for the appellant - Nana @ Nanuram Yadav in
I.A. No.29876/2021 and appellant - Gudda @ Dayaram Yadav in
I.A. No.29875 of 2021 in Cr.A. No.8989 of 2019.
I.A. No.28416/2021 is the 7th application under Section
389 (1) of the Code of Criminal Procedure, 1973 for suspension
of jail sentence and grant of bail filed on behalf of the appellant -
Anil Yadav in Cr.A. No.8985 of 2019.
2
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Cr. A. No.8985 of 2019
Anil & another Vs. State of M.P.
&
Cr. A. No.8987 of 2019
Prakash & another Vs. State of M.P.
&
Cr.A. No.8989 of 2019
Nana @ Nanuram & another Vs. State of M.P.
I.A. No.648/2022, is the 4th application under Section 389
(1) of the Code of Criminal Procedure, 1973 for suspension of
jail sentence and grant of bail filed on behalf of the appellant -
Jitu @ Jitendra in Cr.A. No.8985 of 2019.
I.A. No.29877/2021 is the 1st application under Section 389
(1) of the Code of Criminal Procedure, 1973 for suspension of
jail sentence and grant of bail filed on behalf of the appellant -
Chika @ Rajesh in Cr.A. No.8987 of 2019.
I.A. No.29876/2021 is the 2nd application under Section
389 (1) of the Code of Criminal Procedure, 1973 for suspension
of jail sentence and grant of bail filed on behalf of the appellant -
Nana @ Nanuram Yadav in Cr.A. No.8989 of 2019.
I.A. No.29875/2021 is the 1st application under Section
389 (1) of the Code of Criminal Procedure, 1973 for suspension
of jail sentence and grant of bail filed on behalf of the appellant -
Gudda @ Dayaram Yadav in Cr.A. No.8989 of 2019.
The present appellants have been convicted and sentenced
3
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Cr. A. No.8985 of 2019
Anil & another Vs. State of M.P.
&
Cr. A. No.8987 of 2019
Prakash & another Vs. State of M.P.
&
Cr.A. No.8989 of 2019
Nana @ Nanuram & another Vs. State of M.P.
by Special Judge, (SC/ST Act), Dewas (MP) in Special Case
No.2100076/2015 vide judgment dated 27.09.2019, as under: -
Conviction Sentence
Section Act RI Fine amount Imprisonment in lieu of
fine
450 IPC, 1860 7 years Rs.100/- 7 days RI
506 (B) IPC, 1860 3 years Rs.100/- 7 days RI
147 IPC, 1860 1 year Rs.100/- 7 days RI
307/149 IPC, 1860 7 years Rs.100/- 7 days RI
323/149 IPC, 1860 1 year Rs.100/- 7 days RI
325/149 IPC, 1860 3 years Rs.100/- 7 days RI
Shri C. L. Yadav, Senior Counsel for the appellants has
submitted that the Hon'ble Supreme Court in Special Leave to
Appeal (Crl.) No.6490 of 2021 vide order dated 09.12.2021 has
allowed the suspension application of the appellant - Prakash
Yadav (Cr.A. No.8987 of 2019) only on the ground of period of
sentence already suffered by him, which was two years and two
months. Senior Counsel has further submitted that the case of the
present appellants is no different from the aforesaid Prakash
Yadav and the present appellants have also suffered almost the
same sentence.
Counsel for the respondent / State of Madhya Pradesh
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Cr. A. No.8985 of 2019
Anil & another Vs. State of M.P.
&
Cr. A. No.8987 of 2019
Prakash & another Vs. State of M.P.
&
Cr.A. No.8989 of 2019
Nana @ Nanuram & another Vs. State of M.P.
opposes the application by submitting that looking to the injury
suffered by the complainant no case for grant of suspension of
sentence is made out; hence the application filed by the
appellants be dismissed.
Having considered rival submissions, perusal of the record
and taking note of the aforesaid order passed by the Hon'ble
Supreme Court in the case of co-accused Prakash Yadav, this
Court finds no reason to defer from the aforesaid decision of the
Hon'ble Supreme Court to deny suspension to the present
appellants. In view of the same, this Court is of the considered
opinion that the applications for suspension of custodial sentence
deserves to be allowed.
Accordingly, without expressing any opinion on merits of
the case, IA No.28416/2021, IA No.648/2022, IA
No.29876/2021, IA No.29875/2021 and IA No.29877/2021 are
allowed and it is directed that on furnishing a personal bond by
each of the appellants in the sum of Rs.50,000/- (Rupees fifty
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Cr. A. No.8985 of 2019
Anil & another Vs. State of M.P.
&
Cr. A. No.8987 of 2019
Prakash & another Vs. State of M.P.
&
Cr.A. No.8989 of 2019
Nana @ Nanuram & another Vs. State of M.P.
thousand only) with separate solvent sureties in the like amount
to the satisfaction of the learned trial Court, for their regular
appearance before concerned trial Court, the execution of the
custodial part of the sentence imposed against the appellants
shall remain suspended, till the final disposal of these appeals.
The appellants, after being enlarged on bail, shall mark
their presence before the concerned trial Court on 11.04.2022
and on all such subsequent dates, as may be fixed by the
concerned Court in this regard.
These are admitted appeals.
List for final hearing in due course
C. c. as per rules.
(SUBODH ABHYANKAR)
JUDGE
Pankaj
Digitally signed by PANKAJ
PANDEY
Date: 2022.01.18 16:18:25 +05'30'
