Naresh vs The State Of Madhya Pradesh
2022 Latest Caselaw 12398 MP

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                The High Court Of Madhya Pradesh
                  Criminal Appeal No.994 of 2017
                       Naresh vs. State of MP

Gwalior, dated 16-09-2022

      Shri A. K. Bansal, learned counsel for the appellant.

      Smt. Anjali Gyanani, learned Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal

Heard on IA No. 14254 of 2022, fourth application under Section 389 (1)

of CrPC filed on behalf of appellant- Naresh for suspension of jail sentence and

grant of bail. Earlier applications were dismissed as withdrawn.

Appellant has been convicted under Section 302 of IPC and sentenced to

undergo Life Imprisonment along with fine of Rs.2,000/- with default

stipulation, vide judgment dated 26-07-2017 passed by Sessions Judge,

Shivpuri in Sessions Trial No.42 of 2014.

As per prosecution case, on 01.02.2013 at 3:20 pm Dr.P.K. Dubey

informed at Police Chowki, Shivpuri Hospital that someone administered

poisonous substance to deceased Rai Singh S/o Barelal. He was admitted by

Devendra S/o Atar Singh. Thereafter, at 3:50 pm he died. On the information of

Doctor, merg was registered. Dead body panchnama was prepared. Dead body

was sent for postmortem. On the same day, one Gajraj Singh who is having a

The High Court Of Madhya Pradesh Criminal Appeal No.994 of 2017 Naresh vs. State of MP

Farm House in which the deceased resided and used to work, lodged an FIR to

this effect that on 01.02.2013 at 2:27 pm, he received a missed call of the

deceased. He immediately called him on his mobile. The deceased was

perplexed and prayed to save him since appellant Naresh and co-convicted

accused Banti were beating him and forcefully administering him poisonous

substance. Thereafter, Gajraj Singh along with his uncle Kailash and brother-

in-law Girraj reached Village Ratour. On seeing them, appellant Naresh and co-

convicted accused Banti ran away by motorcycle towards Ratour. Deceased Rai

Singh was lying down in field. On being asked, the deceased told him that both

accused Banti and Naresh forcefully administered pesticide to him. On the said

report, crime No.83/2013 for the offence punishable under Section 302 of IPC

was registered. Appellant Naresh and co-convicted accused Banti were

arrested. After trial, appellant Naresh and co-convicted accused Banti were

convicted for the offence under Section 302 of IPC and sentenced accordingly,

as stated above.

Learned counsel for the appellant submits that appellant is innocent and

has been falsely implicated. There is no direct evidence against the present

The High Court Of Madhya Pradesh Criminal Appeal No.994 of 2017 Naresh vs. State of MP

appellant that he forcefully administered poisonous substance to the deceased.

Appellant has been convicted on the basis of suspicion. It is further contended

that suspension of jail sentence of co-convicted accused Banti alias Rajesh has

already been suspended by this Court vide order dated 18-08-2022 passed in

Criminal Appeal No.1009 of 2017. The case of the present appellant is identical

to that of co-convicted accused Banti alias Rajesh. Appellant is in custody since

the date of judgment i.e. 26.07.2017. The appeal is of the year 2017 which may

take long time for it's conclusion. Under these circumstances, the execution of

sentence be suspended and the appellant be released on bail.

Per contra, the learned Public Prosecutor vehemently opposed the

application and prayed for its rejection.

Considering the arguments advanced by counsel for the parties and the

ground of parity as well as the fact that there is no possibility of early hearing

of the appeal in near future, therefore, it is directed that the jail sentence of

appellant shall remain suspended and he be released on bail, subject to

depositing the amount of fine (if not already deposited) and on furnishing a

personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only) with one

The High Court Of Madhya Pradesh Criminal Appeal No.994 of 2017 Naresh vs. State of MP

solvent surety in the like amount to the satisfaction of the trial Court for his

appearance before the Registry of this Court on 28 th November, 2022 and on

such other subsequent dates as may be fixed by the Office in this regard.

IA No. 14254/2022 stands allowed and disposed of.

A copy of this order be sent to the Trial Court concerned for information.

CC as per rules.

             (Rohit Arya )                               (Deepak Kumar Agarwal)
               Judge                                              Judge



MKB




           MAHENDRA BARIK
           2022.09.17 11:01:46
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