Narayan Singh @ Naru vs The State Of Madhya Pradesh
2023 Latest Caselaw 9817 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3979 of 2022
                                   (NARAYAN SINGH @ NARU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 28-06-2023
                                Ms. Smita Arora - Advocate for the appellants.

                                Mr. Yogesh Dhande - Government Advocate for the respondent-State of

M.P.

At the outset, Ms. Arora, learned counsel for the appellants seeks to withdraw I.A.No.25063 of 2022 to the extent it relates to appellant No.1 with the

liberty to renew it at appropriate stage.

Learned Government Advocate has no objection.

I.A.No.25063 of 2022 is partly dismissed as withdrawn so far it relates to appellant No.1 Narayan Singh @ Naru.

Heard on I.A. No.13874 of 2022, an application filed under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant No.2 Shubham Meena and No.4 Jeevan Singh Rajput and I.A.No. 25063 of 2022 for suspension of sentence and grant of bail to appellant No.3 Lal Singh Meena arising out of judgment dated 08/04/2022 delivered in S.T.

No.30/2019 by Additional Sessions Judge, Budni District Sehore (MP).

As per prosecution story, on 21/10/2018, complainant party after lodging a report in Police Station Rehti were coming back in a motorcycle to their village. In the midway, appellant No.1 Narayan Singh @ Naru, who was driving Scorpio dashed the said motorcycle from behind, because of which injuries were caused to deceased Haricharan Sahu. Thereafter, other appellants who were sitting in the Scorpio came out and assaulted the complainant by means of kicks and fists. Deceased Haricharan succumbed to the injuries. Signature Not Verified Signed by: MANJU Signing time:

6/28/2023 4:17:16 PM

By this Court to the prosecution story, learned counsel for the appellants submits that except Narayan Singh/ appellant No.1 other persons were not carrying any weapon. The story of prosecution is like house of cards. The cause of death is because of injuries received by hard and blunt objects. These appellants were falsely arraigned. The necessary ingredients for attracting Section 302 of IPC are absent against these persons. Final hearing of this appeal will take time. Thus, remaining jail sentence of these appellants may be suspended.

The prayer is opposed by learned Government Advocate on the basis of objection.

Considering the limited role attributed on appellants No. 2, 3 and 4 and without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of these appellants.

Accordingly, aforesaid I.As. are allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellants No.2 Shubham Meena, No.3 Lal Singh Meena and No.4 Jeevan Singh Rajput are hereby suspended and it is directed that these appellants be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Budni District Sehore on

26 th September, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                           (SUJOY PAUL)                                     (ACHAL KUMAR PALIWAL)
Signature Not Verified
Signed by: MANJU
Signing time:
6/28/2023 4:17:16 PM

                                 JUDGE       JUDGE
                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
6/28/2023 4:17:16 PM