Manish Raikwar vs The State Of M.P.
2022 Latest Caselaw 9756 MP

THE HIGH COURT OF MADHYA PRADESH Manish Raikwar and Anr. V. State of M.P.

CRA. No. 5830/2021

Gwalior, Dated:15.07.2022

Shri R.K. Tripathi, Counsel for the appellant no. 2.

Shri Rajesh Shukla, Counsel for the State.

Heard on I.A. No.6863/2022. This is first application

for suspension of sentence and grant of bail filed on behalf of

appellant no. 2 Naval Kishore.

The appellant has been convicted for the following

offences :

Conviction     Sentence          Fine    Default (in lieu of
U/s                                      fine)
302 of IPC     Life              1,000/- 3 months RI
               Imprisonment

While referring to the evidence of Sona Bai (PW/8), it

is submitted that witness has claimed that appellant no. 2

caught hold the deceased Hemant and appellant no. 1

assaulted him on his head by a Farsa. It is submitted that this

allegation of catching hold of deceased does not find place in

Dehati Nalishi (Ex. P/13) as well as in her police statement

THE HIGH COURT OF MADHYA PRADESH Manish Raikwar and Anr. V. State of M.P.

CRA. No. 5830/2021

under Section 161 of Cr.PC (Ex.D/1). Thus, there is a material

improvement in the Court evidence of the witness. The

appellant is in jail from the date of judgment. Hearing of the

case is likely to take sufficiently long time. Even otherwise,

there is no allegation of causing injury on the head and

shoulder of the deceased.

Per contra, the application is vehemently opposed by

the Counsel for the State. It is submitted that the prosecution

has successfully established the guilt of appellant no. 2 -

Naval Kishore.

Considering the facts and circumstances of the case,

the application (I.A. No. 6863/2022) for suspension of

sentence is allowed. On furnishing the personal bond in the

sum of Rs.1,00,000/- (Rupees One Lac Only) with one

surety in the like amount to the satisfaction of the Trial

Court/CJM/Remand Magistrate (Whosoever is available), the

remaining jail sentence of appellant no.2 Naval Kishore

THE HIGH COURT OF MADHYA PRADESH Manish Raikwar and Anr. V. State of M.P.

CRA. No. 5830/2021

shall remain suspended and the appellant shall be released on

bail.

This order shall remain in force, till the conclusion of

the present appeal. In case of bail jump or violation of any of

the conditions mentioned above, this bail order shall

automatically lose its effect.

The appellant no. 2 Naval Kishore is permanently

exempted from his personal appearance before the Registry of

this Court. However, he shall appear before the Court only

when directed.

     (G.S. Ahluwalia)                 (Rajeev Kumar Shrivastava)
        Judge                                        Judge
ar



             ABDUR RAHMAN
             2022.07.18
             10:47:36 +05'30'