Jagat Singh Narwariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 1067 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 5083 of 2022
                                        (JAGAT SINGH NARWARIYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-01-2023
                                Mr. Shailendra Singh - Advocate for the appellant.

                                Mrs. Anjali Gyanani - Public Prosecutor for the respondent - State.

I.A.No. 19567 of 2022, is the second application filed on behalf of the appellant under Section 389(1) of Cr.P.C seeking suspension of sentence and grant of bail. First application was dismissed as withdrawn on 14.07.2022.

Appellant along with other co-accused persons stands convicted for offence under Section 302, 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.5000/- with default stipulation.

As per prosecution story, the complainant and the accused family are in close relations. It is alleged that at about 5.30 in the evening on 21.11.2016 appellant - Jagat Singh in heavily drunken state, came to the house of the complainant and started hurling abuses. While injured Kedar Pal and deceased Baba Kishan Lal Pal objected thereto and asked him not to do so, as a sequence thereto, the incident further aggravated. Present appellant Jagat Singh

and other accused namely Sanjay, Ramhans and Ranjit Narveria came on the spot. Ramhans was armed with a Sariya who caused head injury to injured Kedar and that led to bleeding. Jagat Singh alleged to have hit Rajendra and Ranjeet Narveria caused injuries to deceased Kishanlal who later on died homicidal death due to the injury suffered by him. Dharmendra Pal and Chhotu Pal have witnessed the incident. They rushed to pacify the parties. Upon collection of the incriminating material and recording statements of witnesses under Section 161 of Cr.P.C, challan was filed. The case was committed for Signature Not Verified Signed by: BARKHA SHARMA Signing time: 19-Jan-23 6:05:58 PM

Sessions Trial. The trial Court upon evaluation of evidence placed on record has concluded to convict appellant along with other co-accused persons for the offences as stated herein above.

Learned counsel for the appellant while taking exception to the impugned judgment submits that appellant Jagat Singh is alleged to have hurled filthy abuses. No act, much less overt act is attributed to him either in the FIR or statements recorded during investigation or even during the trial, particularly Dharmendra who though has supported the story of prosecution, but did not attribute any overt act to the appellant as against other co-accused persons. Learned counsel further submits that except Dharmendra, all other witnesses

including injured Kedar Pal and Bhagat have turned hostile and belied the story of prosecution. In any case, there is no allegation of causing hurt or grievous hurt to any of the injured or deceased by the present appellant. It is further submitted that on the similar allegation co-accused Sanjay has been given the benefit of suspension of sentence and grant of bail by this Court vide order dated 27.09.2022 passed in Cr.A.No.3440/2022.

P e r contra, Mrs. Gyanani while supporting the impugned judgment contends that all of them indeed are relatives. Nevertheless, all accused persons including appellant came with common intention to cause grievous hurt to the complainant side. In fact, The appellant exhorted other accused persons to commit the crime, hence, complacency of appellant cannot be ruled out in the matter of occurrence of incident which resulted into the death of deceased Baba Kishanlal. Hence, no exception can be taken in the impugned judgment for suspension of sentence of appellant.

Upon hearing learned counsel for the parties, though this Court refrains

Signature Not Verified from commenting on rival contentions touching merits of the case, we are of the Signed by: BARKHA SHARMA Signing time: 19-Jan-23 6:05:58 PM

view that appellant is entitled for suspension of sentence. Thus, the application deserves to be allowed.

Consequently, I.A.No.19567 of 2022 deserves to be and is hereby allowed. 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.2,00,000/- (Rupees Two Lac 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 29.03.2023 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID- 19, then the consequential follow up action or any further test required be undertaken immediately. If not, appellant shall be released on bail in terms of the conditions imposed in this order;

(ii) in case of violation of conditions, State is free to apply for cancellation of bail.

Accordingly, the I.A.No.19567 of 2022 stands allowed and disposed of.

It is made clear that the observations made on facts shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                                (ROHIT ARYA)                                 (MILIND RAMESH PHADKE)
                                   JUDGE                                              JUDGE
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 19-Jan-23
6:05:58 PM

                          bj/-




Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 19-Jan-23
6:05:58 PM