Madhya Pradesh High Court
Rakesh Tanwar vs The State Of Madhya Pradesh on 1 November, 2022
Author: Vivek Rusia
- : 1 :-
CRA No. 1/2014
HIGH COURT OF MADHYA PRADESH: BENCH INDORE
BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
RUSIA & HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
CRA No. 1 of 2014
(Rakesh Tanwar S/o. Manohar Tanwar. V/s. State of M.P.)
Date: 01.11.2022 :
Smt. Sudha Shrivastava, learned counsel for the appellant.
Shri Bhaskar Agrawal, Govt. Advocate, learned Govt. Advocate
for respondent/State.
Heard on I.A. No.6748/2022, a repeat (6th) 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. This repeat application has been filed after completion of 10
years incarceration and also on the ground that there is no possibility
of final hearing of the appeal in near future.
Vide judgment dated 6.12.2013 passed by 11th Addl. Sessions
Judge, Indore in S.T. No.795/2008 the appellant stands convicted and
sentenced as under :
Offence U/s. Sentence. Fine (Rs.) In lieu of payment
of Fine amount.
302/149 of IPC. Life Imprisonment. 1000/- 3 months RI.
As per prosecution story, the deceased was President of Tirupati
Nagar Grih Nirman Sahkari Samiti and he was not executing the sale-
deed of Plot No. 114 in favour of the present appellant. He was
threatened by the appellant and others for execution of the sale-deed.
On 6.8.2008 near about at 9 pm. the deceased was assaulted by 7
persons. He was taken to the hospital where he was declared brought
- : 2 :-
CRA No. 1/2014
dead. Before the death, he disclosed the name of present appellant and
one Babulal Sankhla. However, the investigation has revealed that
other 5 persons were also involved in the said crime, therefore, they
were also tried u/s. 302 with the aid of Section 149 of the IPC and u/s.
25 of the Arms Act. After completion of the trial, learned Addl.
Sessions Judge has acquitted other 5 accused and held that Babulal
Sankhla and present appellant were involved in assaulting the
deceased by means of knife. Accused Babulal Sankhla died during
trial, hence present appellant alone has been convicted u/s. 302 with
the aid of Section 149 of the IPC.
Learned counsel for the appellant submits that there are various
omissions and contradictions in the statement of witnesses. When the
deceased was brought dead in the hospital, then it cannot be said that
he was alive to disclose the name of present appellant. When the blood
stained knife were recovered from the other accused and they have
been acquitted, then it cannot be said that the deceased died because
of the assault done by the present appellant. The present appellant
alone has been convicted u/s. 302 with the aid of Section 149 of the
IPC which is not permissible. This appeal is of the year 2014 and there
is no likelihood of its final hearing in near future. She, therefore,
prayed for grant of suspension and release the appellant on bail.
On the other hand, learned Govt. Advocate opposes the
application and prays for rejection of the same.
Considering the aforesaid facts and circumstances of the case,
without commenting anything on the merits of the case, in the
considered opinion of this Court, the jail sentence of appellant
deserves to be suspended.
- : 3 :-
CRA No. 1/2014
Accordingly, I.A. No.6748/2022 is allowed and it is directed
that subject to deposit of fine amount, if already not deposited, with
the trial Court and on furnishing personal bond by the appellant -
Rakesh Tanwar in the sum of Rs.40,000/- (Forty Thousand only)
with one solvent surety in the like amount to the satisfaction of
learned trial Court for his appearance before the Registry of this Court
on 21.12.2022 and on all such subsequent dates, which are fixed in
this behalf, during pendency of this appeal. I.A. No.9603/2022, an
application for urgent hearing stands disposed of.
List for final hearing in due course.
C.C. as per rules.
[ VIVEK RUSIA ] [AMAR NATH (KESHARWANI)]
JUDGE. JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2022.11.02 10:15:12 +05'30'
