Nandkishore Dangi vs The State Of Madhya Pradesh
2023 Latest Caselaw 4174 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 5293 of 2019
                                    (NANDKISHORE DANGI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 16-03-2023
                                Shri Manish Datt - Senior Advocate with Shri Pawan Gujar, Advocate

                          for the appellant.
                                Shri Yogesh Dhande - Government Advocate for the respondent/State.

Heard on I.A.No.5326/2021, which is the second application for suspension of sentence and grant of bail filed under Section 389(1) of the

Cr.P.C. on behalf of sole appellant Nandkishore Dangi.

The first application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed by this Court vide order dated 30/11/2019.

The appellant has filed this Criminal Appeal being aggrieved by the judgment of conviction and sentence dated 12/06/2019 passed by Special Judge, Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act, 1989 Bhopal, District Bhopal in Special Case No.73/2017, whereby the appellant has been convicted under Section 326 of the IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act and sentenced to undergo R.I. for

ten years with fine of Rs.2,000/- and R.I. for life with fine of Rs.3,000/- respectively with default stipulation and with a direction that substantive jail sentence shall run concurrently.

Learned counsel for the appellant submits that the first application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed vide order dated 30/11/2019 and after expiry of three years, the present application is filed. Learned counsel drew the attention of this Court towards the FIR (Ex.P-1), which was lodged on the date of incident i.e. Signature Not Verified Signed by: ANURAG SONI Signing time: 3/17/2023 6:48:38 PM

15/06/2019 within 1 hour 45 minutes of the alleged incident and in the said FIR it was mentioned that the appellant caused injury with stick and there is no mention regarding causing injury by axe. He further submitted that after expiry of three days of the incident i.e. on 18/06/2017 statement of injured Banti @ Munna Silawat under Section 161 of the Cr.P.C. (Ex.P-5) was recorded, in which causing injury by axe was introduced. Therefore, the offence could not travel beyond the ambit of Section 325 of the Cr.P.C. It is also submitted that the seized axe was not examined by the concerned Doctor and there is no opinion on record to show that the injury found on the body of injured person can be caused by the seized axe. The seized article ‘axe’ has not been

sent for chemical examination to the FSL and hence there is no FSL report on record to show that the seized axe was used for causing the crime.

Learned counsel for the appellant also drew the attention of this Court towards the statement of Dr. R.C. Vyas (PW-8), who submitted that there is no incised wound on the body of injured person. It is further submitted that the appellant was on bail during trial and did not misuse the liberty granted to him. The appellant has no criminal past. This Appeal is of the year 2019 and there is no possibility of early hearing of this Appeal in near future. Hence prays for suspension of sentence and grant of bail to the appellant.

Per contra, learned Government Advocate for the respondent/State opposed the prayer on the ground mentioned in the written objection and submits that as per medical evidence, statement of injured witness and eye- witnesses, prosecution has proved the case against the appellant and the trial Court has passed the judgment after proper appreciation of evidence that came on record and has rightly held the appellant guilty for the aforesaid offences.

Signature Not Verified Hence, prays for dismissal of the application.

Signed by: ANURAG SONI Signing time: 3/17/2023 6:48:38 PM

We have heard learned counsel for the parties at length and perused the record.

Considering the above factual matrix of the case and considering the overall circumstances of the case, without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.5326/2021 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Nandkishore Dangi is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) 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, Bhopal on 08/05/2023 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)                              (AMAR NATH (KESHARWANI))
                                  JUDGE                                           JUDGE

                          as




Signature Not Verified
Signed by: ANURAG SONI
Signing time: 3/17/2023
6:48:38 PM