Madhya Pradesh High Court
Mulataee @ Mulayam vs The State Of Madhya Pradesh on 13 May, 2022
Author: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 338 of 2022
(MULATAEE @ MULAYAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-05-2022
Shri Anil Khare, learned senior advocate with Shri Anand K. Sharma,
counsel for the appellants.
Shri Naveen Dubey, learned Government Advocate for the respondent-
State.
I.A.No.6132/2022, which is first application under Section 389 Cr.P.C.
for suspension of sentence and grant of bail to the appellant-Nanoo @ Ganesh
Singh is taken up and considered along with reply of the State.
This criminal appeal assails the judgment dated 09.12.2021 passed in
Sessions Trial No.131/2013 by the 2nd ASJ, Hata, Distt.-Damoh, M.P. whereby
t h e appellants have been convicted under Section 302/149 of IPC and
sentenced to undergo R.I. for life with fine of Rs. 5,000/-(for causing murder of
deceased Vishram Singh and Todal Singh), Section 201 of IPC and sentenced
to undergo R.I. for 5 years with fine of Rs.3,000/- (for concealing evidence in
connection with deceased Vishram Singh and Todal Singh) and Section 148 of
IPC and sentenced to undergo R.I. for 1 year with fine of Rs. 1,000/- with
default stipulations in each.
Learned counsel for the appellant submits that appellant-Nanoo @
Ganesh Singh has been falsely implicated in the matter as there is no overt act
specifically attributed to the present applicant, he is dragged in this case due to
previous enmity/rivalry between the complainant party and the appellants. It is
Signature
SAN Not further submitted that lathi was seized from the possession of the present
Verified
Digitally signed by applicant-Nanoo, whereas there is allegation against the applicant of causing
SWETA SAHU
Date: 2022.05.14
13:22:31 IST
injury with baka. Learned counsel for the appellant submits that appellant-
Nanoo is more than 60 years of age and he remained in custody during trial
from 13.10.2012 to 20.03.2013 and is in jail since 09.12.2021. There is every
possibility of success in this appeal, which is of the year 2022, which thus will
take time to be finally disposed of. Hence, prayer is made for execution of jail
sentence and grant of bail to the appellant-accused. More so, co-convicted and
similarly situated appellant No.7-Mudee @ Lal Singh has been granted benefit
of suspension of sentence by order dated 01.04.2022 and since the appellant
No.9-Nanoo @ Ganesh Singh is similarly situated, this Court sees no reason to
decline the prayer for suspension of sentence.
Learned Government Advocate for the respondent-State oppose the
application and pray for rejection of the same.
Having considered the arguments advanced by the learned counsel for
the parties, considering the role attributed to the present appellant in the alleged
incident and the fact that this appeal is of the year 2022 and appeal will take time
to conclude, but without commenting anything on the merits of the case,
I.A.No. 6132/2022 is allowed.
It is directed that the jail sentence of appellant No.9-Nanoo @ Ganesh
Singh will remain under suspension subject to deposit of fine amount, if not
already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety of the like amount to the satisfaction
of the trial court for his appearance before the concerned court on 15.11.2022
and on such further dates as may be fixed in this regard which shall be of
frequency not less than once a year.
In case, the appellant is found absent on any date fixed by the concerned
court, then the concerned court shall be free to issue and execute warrant of
arrest for securing his presence without first referring the matter to this Court,
provided the Registry of this Court is kept informed.
A copy of this order be sent to the trial court concerned for compliance.
C.C. as per rules.
(SHEEL NAGU) (DWARKA DHISH BANSAL)
JUDGE JUDGE
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