Madhya Pradesh High Court
Naresh Singh vs The State Of Madhya Pradesh on 20 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3328 of 2021
(NARESH SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 20-10-2023
Shri Dharmendra Rishishwar - Advocate for appellant.
Shri A. K. Nirankari - Public Prosecutor for respondent/State.
Heard o n I.A. No. 18477/2023, which is second repeat application
under Section 389(1) of Cr.P.C. moved on behalf of appellant - Naresh Singh.
His first application (IA No. 13844/2022) was dismissed as withdrawn vide
order dated 31.03.2023.
Appellant Naresh Singh stands convicted under Section 302 read with
Section 34 of IPC and sentenced to undergo life imprisonment with fine of
Rs.5000/- with default stipulations vide judgment of conviction and order of
sentence dated 09.03.2021 passed by Sessions Judge, Bhind (Madhya Pradesh)
in Sessions Trial No.82/2017.
The appellant so far has undergone jail sentence of 6 years 9 months 10
days.
A s per prosecution story, on 06.01.2017 at about 11.00 am deceased
Bhogiram Baghel, resident of village Jeend Ki Gadiya, Mauja Kanawar, Police
Station Umari, District Bhind had gone to Nadori Jungle near Kwari River for
cattle's grazing. 10-15 minutes just after Bhogiram left the place, accused Atar
Singh and present appellant Naresh, who was armed with an axe, enquired
about Bhogiram from Punam and left from there. When in the evening Bhogiram
did not return, an intensive search was made to find him out. On 08.01.2017
deadbody of Bhogiram was found in Nadori Jungle. Crime Case No. 07/2017
was registered. Investigation started. After completion of investigation, charge
sheet was filed and the case was committed to the Sessions Court. The
Sessions Court upon critical evaluation of the evidence placed on record has
convicted and sentenced the appellant as referred above.
Learnedc ounsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the present appellant
is innocent and has falsely been implicated. The entire case rests on
circumstantial evidence but chain of circumstantial evidence is not complete.
The appellant has suffered jail incarceration of about 6 years and 9 months. The
appeal is of the year 2021 and there is no likelihood of final hearing of appeal in
early future. His first application was dismissed with liberty to revive after six
mo n t h s . Hence, after expiry of six months learned counsel prays for
suspension of sentence and grant of bail to appellant Naresh Singh.
Per contra, learned counsel for the respondent-State opposes the
application supporting the impugned judgment.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that the appellant has suffered six years nine
months' jail incarceration and the appeal is of 2021, there is no likelihood of
appeal being heard finally in near future, in the obtaining facts and
circumstances, appellant- Naresh Singh is held entitled for extension of benefit
of suspension of jail sentence.
Accordingly, we allow the application and it is directed that the jail
sentence of appellant Naresh Singh shall remain suspended during pendency of
present appeal and he be released on bail on his furnishing a personal bond in
the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only) with one
solvent surety in the like amount to the satisfaction of the trial Court subject to
verification of factum regarding deposit of fine amount. Appellant Naresh Singh
is directed to appear before the Registry of this Court first on 19.12.2023 and
on other subsequent dates as may be fixed in this behalf.
Accordingly, I.A. No.18477/2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
yog
YOGESH
VERMA
2023.10.20
18:23:24
+05'30'
