Narayan Singh Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9482 MP

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           IN THE HIGH COURT OF MADHYA PRADESH
                         AT INDORE

                            CRA No. 168 of 2018
         (NARAYAN SINGH JATAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Dated : 23.06.2023

      Ms. Rishita Dubey - Advocate for the appellant.
      Shri K. K. Tiwari - Government Advocate for the respondent/State.

Heard on I.A. No.16525/2022, which is the first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant No.1- Narayan Singh Jatav. (2) The appellant has been convicted by the Additional Sessions Judge, Sarangpur, District-Rajgarh (Biaora) in S.T. No.70/2016 vide judgment dated 16.11.2017 and sentenced as under:-

Conviction u/S. Imprisonment Fine Amount Imprisonment in lieu of fine 302 r/w 34 of IPC Life Rs.50,000/- 1 year additional R.I.

Imprisonment

307 r/w 34 of IPC R.I. for 7 years Rs.10,000/- 8 months' R.I.

30 of Arms Act R.I. for 3 months Rs.2000/- 1 month R.I.

(3) Learned counsel for the appellant submits that the trial court has not properly appreciated the evidence and there are so many contradictions and omissions in the prosecution witnesses. The appellant is suffering from Acute Hemorrhagic Stroke (Right Basal Genglia) Left sided hemiparesis with Right facial deviation with left 12th cranial nerve palsy. The appellant

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is in custody since 27.11.2015 and now he is 72 years old and final hearing of the appeal will take a long time, hence, looking to the period of sentence which the appellant has suffered so far and the disease from which the appellant is suffering, the application for suspension of sentence be allowed. (4) Learned counsel for the respondent/State opposed the prayer for grant of bail.

(5) Heard the learned counsel for the parties and perused the record. (6) Considering the facts and circumstances of the case and after going through the medical report dated 08.05.2023 received from the office of the Medical Officer, Central Jail, Ujjain and also keeping in view the age of the appellant and period of custody, we are of the opinion that the appellant No.1-Narayan Singh Jatav deserves to be released on bail. Accordingly I.A. No.16525/2022 is allowed.

(7) It is directed that if the appellant No.1 - Narayan Singh Jatav deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 9th October, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

List the appeal for final hearing as per its turn.

                            (S. A. DHARMADHIKARI )                                      (HIRDESH)
                                JUDGE                                                     JUDGE
             N.R.

Digitally signed by
NARENDRA KUMAR RAIPURIA
Date: 2023.06.26 10:38:18
+05'30'