Madhya Pradesh High Court
Neelesh Dixit vs State Of M.P. on 31 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 970 of 2013
(NEELESH DIXIT Vs STATE OF M.P.)
Dated : 31-08-2023
Shri A.K. Jain- Advocate for the appellant.
Shri Shiraz Qureshi -Public Prosecutor for respondent/State.
Heard o n IA No.13198 of 2023, fifth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
the appellant - Neelesh Dixit. Out of his earlier bail applications, first was
dismissed for want of prosecution and the rest have been dismissed as
withdrawn.
So far appellant has undergone 11 years and 01 month and 21 days'
incarceration as per the report dated 06.08.2023 received from the office of
Superintendent, Central Jail, Gwalior (M.P.).
Appellant stood convicted under Section 302 of IPC and 25(1-B) A of
the Arms Act and sentenced to undergo imprisonment for life with a fine of
Rs.55,000/- and one year's RI with a fine of Rs.2,000/- respectively with default
stipulations vide judgment of conviction and order of sentence dated
05.09.2013 passed by Sessions Judge, Bhind (M.P.) in ST No.245/2012.
A s per prosecution story, son-in-law (Damad) Balveer Singh Jadon of
Lallabeti on 08.06.2012 at about 10 in the night had come to his matrimonial
home at village Lidhora from village Bhekuri, District Hathras (U.P.). At about
12-12:30 in the night, when Lallabeti was extending meals to her son-in-law in
her courtyard, at that time accused/appellant Neelesh Dixit jumped the wall and
came into the courtyard. Balveer Singh accosted the accused/appellant Neelesh
Dixit on which accused/appellant asked to have some talks. When they both
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 8/31/2023
7:26:35 PM
came out of the house at doors and Lallabeti and her daughter also followed to
see as to what was going on between them, some altercation took place
between Balveer Singh and the present accused/appellant pertaining to coming
to the courtyard while jumping from the wall by the accused/appellant,
accused/appellant Neelesh Dixit fired by means of Katta (country-made pistol)
which hit down the left rib of Balveer Singh and due to which he fell down on
the ground and died. Thereafter, accused/appellant Neelesh fled away
therefrom. On the basis of the information given to the Police Station Mihona
by Jitendra Singh (son of Lallabeti), FIR was reduced in writing and the
investigation was set in motion. Upon completion of investigation, recording of
the statements and other formalities, Challan was filed. The case was
committed to the Sessions Court for trial. The Sessions Court upon critical
evaluation of the evidence placed before it and recording of statements of
material witnesses, convicted and sentenced the present appellant as referred
above.
Learned counsel for the appellant submits that the appellant is innocent
and has been falsely implicated. The Sessions Court has not appreciated the
evidence in correct perspective and the same suffers from surmises and
conjectures. Moreso, appellant has already suffered 11 years, 01 month and 21
days' incarceration. The appeal is of the year 2013 and there is no likelihood of
early hearing of this appeal in near future. Under such circumstances, it is
prayed that jail sentence of the appellant may kindly be suspended.
Learned counsel for the respondent-State opposed the prayer while
supporting the judgment impugned.
Upon hearing learned counsel for the parties, though this Court refrains
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from commenting upon the rival contentions so advanced touching merits of the
Signed by: PAWAN
DHARKAR
Signing time: 8/31/2023
7:26:35 PM
case, but regard being had to the period of custody suffered by the appellant
i.e. 11 years, 01 month and 21 days and that the appeal is of the year 2013 and
there is no likelihood of early hearing of the appeal, this Court is of the
considered view that benefit of suspension of sentence may be extended to
present appellant.
Accordingly, IA No.13198 of 2023 stands allowed and it is directed
that jail sentence of sole appellant - Neelesh Dixit shall remain suspended
during pendency of the present appeal and he shall be released on bail subject
to verification of the factum of depositing the fine amount and furnishing a
personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one
solvent surety in the like amount to the satisfaction of the Trial Court. He is
directed to appear before the Registry of this Court first on 16.10.2023 and on
other subsequent dates as may be fixed in this behalf.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy as per rules.
(ROHIT ARYA) (ANAND PATHAK)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 8/31/2023
7:26:35 PM
