Madhya Pradesh High Court
Ramveer Nai vs The State Of Madhya Pradesh on 21 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5513 of 2019
(RAMVEER NAI Vs THE STATE OF MADHYA PRADESH)
Dated : 21-12-2023
Shri G. S. Sharma - Advocate for the appellant.
Shri Rajiv Upadhyay - Public Prosecutor for the respondent-State.
Heard on I.A.No. 20953 of 2023, third repeat application under
Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved
on behalf of the sole appellant - Ramveer Nai. His second application (IA No.
10438/2022) was dismissed as withdrawn vide order dated 30.09.2022.
Appellant stands convicted under Section 302 of IPC and sentenced to
undergo Life Imprisonment with fine of Rs.100/- and under Section 201 of IPC
and sentenced to undergo three years' RI with fine of Rs.100/- with default
stipulation vide judgment of conviction and order of sentence dated 14.05.2019
passed by Special Judge (Atrocities) Sheopur in SCATR No.01/2018.
Appellant so far has undergone jail incarceration of more than six years.
A s per the prosecution story, complainant Rakesh Kumar Jatav orally
complained to Police Station Vijaypur District Sheopur that on 15.11.2017 at
about 5.00 pm while he was in his village Sahsram, he was informed by his son
on mobile phone that his wife Ramkali committed suicide by hanging. He along
with his brother Hari and cousin brothers Pradeep and Sandeep reached the
spot and saw that his wife committed suicide by hanging. Merg case was
registered at Merg No. 34/2017. After investigation, FIR was registered at Crime
No. 284/2017 at Police Station Vijaypur District Sheopur for the offence
punishable under Sections 302, 201 of IPC and Section 3(2)(5) of SCST Act
against the present appellant. After completing investigation, police filed
Challan. Thereafter, the case was committed for trial to the Special Court. The
Special Judge upon critical evaluation of evidence placed on record has
convicted and sentenced the present appellant as referred above.
Learned counsel for the appellant while taking exception to the impugned
judgment inter alia submits that the present appellant has falsely been
implicated in the crime. The entire case rests on circumstantial evidence. There
is no eye witness of the alleged incident. The material witnesses Pako Bai
(PW/4) and Jasoda Bai (PW/7) have turned hostile and they have not supported
the prosecution story. There are material contradictions in the depositions of
prosecution witnesses about the time of the incident. The appellant has so far
undergone jail incarceration of more than six years. The appeal is of the year
2019 and there is no likelihood of early hearing of this appeal in the near future.
Under such circumstances, learned counsel prays for suspension of sentence
and grant of bail to present appellant.
Learned counsel for the State opposed the prayer and prayed for
rejection of the application for suspension of sentence and grant of bail.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions of learned counsel for the parties, but
regard being had to the fact that present appellant has so far undergone jail
incarceration of more than six years, coupled with the fact that the appeal being
of the year 2019 is not likely to be decided in the near future, we are of the view
that present appellant is entitled to the benefit of suspension of sentence and
grant of bail.
Accordingly, IA No. 20953 of 2023 stands allowed and it is directed
that the jail sentence of the appellant Ramveer Nai 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 on his furnishing
a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac and Fifty
Thousand only) with one solvent surety in the like amount to the satisfaction of
the Trial Court.
Appellant is directed to appear before the Registry of this Court first on
26-02-2024 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
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.
(ROHIT ARYA) (ANAND PATHAK)
JUDGE JUDGE
yog
YOGESH VERMA
2023.12.21
17:11:54 +05'30'
