Pran Nath Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 17535 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5823 of 2023
                                       (PRAN NATH TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                 Shri Swatantra Pandey - Advocate for the appellant No.3- Pran Nath

                           Tiwari.
                                 Shri Arvind Singh - Govenrment Advocate for respondent- State of M.P.

Heard on I.A No.14731/2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.3 -

Prem Nath Tiwari arising out of judgment dated 25/02/2023 delivered in S.T.No.50/2019 by 2nd Additional Sessions Judge, Mauganj, Rewa.

The appellant has been convicted under Section 302 and 323/34 of IPC and sentenced to undergo RI for Life with fine of Rs.500/- and RI for 6 months with fine of Rs.500/- respectively with default stipulations.

It is pointed out that as per prosecution story, the appellant who was aged about 83 years at the time of incident, allegedly caught hold of the deceased Suraj Dubey and co-accused Sunil Tiwari inflicted spade blow on the head of the deceased.

Shri Swatantra Pandey, learned counsel for the appellant submits that the appellant remained in actual custody for more than four years. It is difficult to believe that a person aged about 83 years could control the deceased who was young man aged about 22 years by catching hold of him. The story of prosecution does not inspire confidence in asmuch as role of appellant is projected. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

Shri Arvind Singh, Government Advocate opposed the prayer on the Signature Not Verified Signed by: ANUPRIYA SHARMA Signing time: 10/20/2023 2:08:07 PM

basis of objection.

Considering the period of custody, alleged role of the appellant and his age coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of appellant No.3- Pran Nath Tiwari.

Accordingly, I.A No.14731/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant No.3- Pran Nath Tiwari be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty 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, Mauganj o n 4th of December, 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)                                 (DWARKA DHISH BANSAL)
                                    JUDGE                                            JUDGE

                           anu




Signature Not Verified
Signed by: ANUPRIYA
SHARMA
Signing time: 10/20/2023
2:08:07 PM