Mangilal @ Nana vs The State Of Madhya Pradesh
2023 Latest Caselaw 20671 MP

Madhya Pradesh High Court

Mangilal @ Nana vs The State Of Madhya Pradesh on 6 December, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 3151 of 2022
                                            (MANGILAL @ NANA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-12-2023
                                 Shri Abhishek Tugnawat, learned counsel for the appellant.

                                 Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.12150/2022, which is first application for suspension of of jail sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of appellant - Mangilal @ Nana S/o Bherulal Gayari.

2. The appellant has been convicted vide judgment of conviction and order of sentence dated 08.03.2022 in Criminal Case(Session Case No.03/2019, passed by the 1st Additional Sessions Judge, Manasa, District Neemuch(M.P.) for offence punishable under Section 302 of IPC to undergo sentence of Life Imprisonment with fine of Rs.1,000/- with default stipulation.

3. As per prosecution case, on 29.11.2018 at around 05:30 p.m., Nandubai(PW2), who resides in a house situated at one Babulal's farm, saw Ramprasad Patidar, who used to perform farming through his share on Babulal's farm, coming out of his house to do farming. After sometime,

accused Mangilal(Babulal's brother) also went after him. Thereafter, accused Mangilal came to Nandubai's house and asked about Ramprasad. After 4-5 minutes he came back to their house and told that Ramprasad was lying dead in the field, someone has killed him. It was alleged that the accused used to fight with Ramprasad over the matter of farming. As per Nandubai, apart from Ramprasad, only Mangilal had come to the farm at the time of Ramprasad's murder. After investigation, the case was registered against the accused and he was arrested.

4. Learned counsel for the appellant submitted that the present appellant is innocent and he has been falsely implicated in the case. There are material contradictions and omissions in the statement of material prosecution witnesses and the same cannot be relied upon as it is not conclusive. Mere fact that the accused went to the site of incident doesn't conclusively prove that he has done the act. It is a case of circumstantial evidence This appeal is of the year 2022. Final hearing of the appeal is not possible in near future, therefore, it is prayed that remaining jail sentence of the appellant may be suspended and he may be released on bail.

5. Learned Govt. Advocate for the respondent/State opposed the prayer

by submitting that the deceased was last seen with the present appellant. He also submitted that Nandubai(PW2) and Nirmalalbai(PW3), who are witnesses to the incident, they in their statement have deposed that the deceased used to fight with the deceased over the matter of farming and therefore he had the motive to kill the deceased. As per Nandubai, the accused was last seen with the deceased just before the incident and apart from deceased, only the appellant had came to the farm. It is further submitted that the custody period of the appellant is also less which is about 5 years. Under such circumstances, application filed by the appellant is liable to be rejected.

6. We have heard learned counsel for both the parties and perused the record.

7. Considering the aforesaid facts and circumstances of the case so also looking to the nature of offence, coupled with the fact that appellant has not put in considerable period of custody, at this stage, we are not inclined to grant bail to appellant - Mangilal @ Nana S/o Bherulal Gayari.

8. Accordingly I.A. No.12150/2022 is dismissed.

List for final hearing as per its turn.

                                (S. A. DHARMADHIKARI)                                (PRANAY VERMA)
                                         JUDGE                                           JUDGE




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