Munna @ Nanhulal vs The State Of Madhya Pradesh
2023 Latest Caselaw 9944 MP

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 9667 of 2022
                                     (MUNNA @ NANHULAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-07-2023
                                  Shri Mahendra Choubey - Advocate for appellant no.1- Munna @

                          Nanhulal, appellant No.2 Rahul @ Munna and appellant No.3 Deepu @
                          Anil.
                                  Shri A.N. Gupta - Government Advocate for the respondent-State of

M.P.

Heard on IA Nos. 3968 /2023 for suspension of sentence and grant of bail to appellant No.1 Munna @ Nanhulal and also on I.A. No. 13806/2023 for suspension of sentence of appellant No.2- Rahul @ Munna and appellant No.3 Deepu @ Anil arising out of judgment dated 14.09.2022 delivered in S.T. No. 85/2017 by Additional Sessions Judge, Special Judge (Electricity Act), Jabalpur, Distt. Jabalpur.

T h e appellants have been convicted under Section 452 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs. 500/-, under Section 307 /34 of IPC ( on two counts) sentenced to undergo R.I. for 5 years with fine of

Section 1000/- ( on each count) and under Section 25(1-b) of Arms Act sentenced to undergo R.I. for 1 year with fine of Rs.500/- with default stipulations.

As per prosecution story, Shyamlal Ahirwar misbehaved with Nandani ben because of which a complaint was preferred in police station. In furtherance thereof, Shyamlal was arrested and detained in jail. Shyamlal's family members (appellants) were keeping ill-will / animosity against the complainant and her family members.

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 7/1/2023 5:16:41 PM

On 30.09.2016, at around, 9:00 pm when Maujilal and Premlal were taking dinner in their own house, Shyamlal and other appellants entered their house and assaulted both of them by means of different weapons. Learned counsel for the appellant submits that statement of Doctor shows that nature of injuries were not grievous. Appellants already remained in custody for some time. So, remaining jail sentence of appellants may be suspended. Moreso, when final hearing of this appeal is not possible in near future.

Learned G.A. opposed the prayer and supported the impugned judgment. He produced the criminal record of appellants which shows that against appellant No.3 -Deepu @ Anil Ahirwar two cases under Sections 195-A,

294, 307, 323, 324, 34, 452, 506 IPC and Section 34(1) of Excise Act are registered which are pending whereas against the appellant No.2- Rahul @ Munna six cases are registered and against appellant No.1- Munna @ Nanhulal one case is registered.

Considering the aforesaid factual backdrop and criminal record of appellants, I am not inclined to grant suspension of sentence to appellants at this stage. Appellants may renew their prayer after undergoing half of the actual sentence.

With aforesaid observations, IA Nos. 3968 /2023 and 13806/2023 are dismissed.

(SUJOY PAUL) JUDGE

sarathe

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 7/1/2023 5:16:41 PM