Madhya Pradesh High Court
Narsingh vs The State Of Madhya Pradesh on 2 March, 2023
Author: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2091 of 2015
(NARSINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 02-03-2023
Shri Vidya Prasad- Advocate for the appellant.
Shri Pramod Pandey- Government Advocate for the respondent/State.
I.A. No.12892/2022, repeat application u/S.389(1) of Cr.P.C. for
suspension of jail sentence and grant of bail moved by sole appellant-Narsingh
is taken up and considered along with the reply of the State.
This criminal appeal assails the judgment dated 03.12.2014 passed in ST
No.31/2013 by the Sessions Judge, Anuppur whereby appellant has been
convicted u/S 302/34 of IPC and sentenced to suffer RI for life with fine of
Rs.1000/- with default stipulation.
Earlier applications were dismissed on 25.02.2020 and 03.02.2022
dismissed vide IA.No.20179/2019 and I.A.no.10308/2021 respectively.
Besides merit, the ground taken by the appellant Narsingh praying for
suspension of sentence and release on bail that he has completed more than 10
years of custody.
After having heard learned counsel for the appellant it appears that entire
prosecution case found proved by the learned trial judge hinges upon the
statement of eye witness (PW-2) Shankar Yadav and (PW-11) Sita who is
daughter of the deceased and oral dying declaration made by the deceased
before (PW-1) Vinod but none of these witnesses disclose the incident before
anyone like Sarpanch, Patel, Choukidar etc. nor reported it to the police station
immediately after the incident. The FSL report is also not incriminating. The
appellant has suffered more than 10 years custody and there is no hope of
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 3/3/2023
11:53:37 AM
appeal coming up for final hearing in near future.
Looking to the probative value of direct evidence in the backdrop of
conduct of aforesaid witnesses and the fact that appellant has completed more
than 10 years of sentence imposed upon him and the objection filed by the State
does not disclose any antecedents, therefore, this Court is inclined to grant bail
to appellant - Narsingh by way of suspension of sentence. Accordingly, without
expressing any opinion on the merits, IA No.12892/2022 is allowed and it is
directed that the jail sentence of appellant- Narsingh will remain under
suspension subject to the verification that the amount of fine has been
deposited, on the appellant's furnishing bail bond of Rs.50,000/- (Rupees
Fifty Thousand Only) with two solvent sureties of the like amount to the
satisfaction of CJM concerned for his appearance before the concerned CJM
on 08.05.2022 and on such further dates as may be fixed by him which shall be
of frequency not less than once a year.
In case, the appellant is found absent on any date fixed by the concerned
C.J.M., then the said C.J.M. shall be free to issue and execute warrant of arrest
for securing his presence without first referring the matter to this Court,
provided the Registry of this Court is kept informed.
C.C. as per rules.
(SHEEL NAGU) (VIRENDER SINGH)
JUDGE JUDGE
rk.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 3/3/2023
11:53:37 AM
