Madhya Pradesh High Court
Natthu @ Nathuram vs The State Of Madhya Pradesh on 8 November, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1132 of 2020
(RAVI MAHARAJ @ BHARAT BHUSHAN TIWARI Vs THE STATE OF MADHYA PRADESH)
CRA/01461/2020, CRA/01583/2020, CRA/02153/2020
Dated : 08-11-2023
Shri Ankit Saxena - Advocate for the appellant in Cr.A. No.1132 of
2020.
Shri Neeraj Shah brief holder of Shri Siddharth Datt - Advocate for the
appellant in Cr.A. No.1461 of 2020.
Shri Akshay Namdeo - Advocate for the appellant in Cr.A. No.1583 of
2020.
Shri Sunil Kumar Mishra - Advocate for the appellant in Cr.A.
No.2153 of 2020.
Shri Jubin Prasad - Panel Lawyer for the respondent/State.
Heard on I.A. No. 14071 of 2021, IA No.26930 of 2023, IA
No.26307 of 2023 and IA No. 2064 of 2021, applications under Section
389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellants
arising out of judgment dated 16.01.2019 delivered in S.T. No.07/2019 passed
by 5th Additional Sessions Judge, Tikamgarh, (MP).
All the appellants have been convicted and sentence under Section 147 of
IPC to undergo RI for six months fine of Rs.1000/-, under Section 302/149 of
IPC to undergo RI for Life with of Rs.2000/- and under Section 201 of IPC to
undergo RI for three years with fine of Rs.1000/- with default stipulation.
Learned counsel for the appellants by taking this Court to the prosecution
story submits that the role allegedly prayed by these appellants is similar to that
of role played by co-accused- Harish Chandra, who is appellant in connected
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 11/8/2023
3:42:08 PM
Cr.A. No.1476 of 2020. This Court declined benefit of suspension of remaining
jail sentence and accordingly he approached the Apex Court in S.L.P. (Crl.)
No. 9751 of 2023. The Apex Court was kind enough in suspending the
remaining jail sentence considering the period of custody, i.e. almost four years.
The present appellants have already undergone similar amount of custody.
Therefore keeping in view the principle parity, similar treatment may be given to
them also.
Shri Jubin Prasad, learned Panel Lawyer opposed the prayer for
suspension of remaining jail sentence and grant of bail on the basis of
objection filed in certain cases. However, he did not dispute that the present
appellants are similar qua Harish Chandra. The appellants have undergone
similar period of custody.
Considering the order of Apex Court in the case of Harish Chandra the
period of custody couple with the fact that possibility of final hearing of this
appeal in near future is bleak, without commenting upon the merits of the case,
we deem it proper to suspend the remaining jail sentence of all appellants.
Accordingly, I.A. No. 14071 of 2021, IA No.26930 of 2023, IA
No.26307 of 2023 and IA No. 2064 of 2021 are allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellants is hereby suspended and it is directed
that the appellants namely Ravi Maharaj @ Bharat Bhushan Tiwari,
Manua @ Mahohar, Santu and Natthu @ Nathuram 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, Tikamgarh on 4 th of December, 2023 and also on such other dates
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 11/8/2023
3:42:08 PM
as may be fixed by the trial Court in this regard during the pendency of this
appeal.
Certified copy as per rules.
(SUJOY PAUL) (VINAY SARAF)
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 11/8/2023
3:42:08 PM
