Madhya Pradesh High Court
Nandi Rajpoot vs The State Of Madhya Pradesh on 7 August, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-5099-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5099 of 2024
(HARI SINGH @ MUNNA Vs THE STATE OF MADHYA PRADESH )
CRA No. 5161 of 2024
(NANDI RAJPOOT Vs THE STATE OF MADHYA PRADESH )
Dated : 07-08-2024
Shri Baboo Ji Chourasia, Advocate for the Appellants.
Shri A.N.Gupta, Government Advocate for State.
Heard on I.A.No.11826/2024 and I.A.No.11837/2024, which are
first applications for suspension of sentence and grant of bail to
Appellant Hari Singh @ Munna Yadav & Appellant Nandi Rajpoot
respectively.
Learned counsel for the appellants submits that the appellants are
in jail since 3.4.2024. They were on bail during trial. Smt.Sangeeta
(PW.4) categorically deposes that Nandi Rajpoot was Bataidar of Raja
Bahadur Singh and their relationship was cordial. All the jewellery items
of both female deceased were found intact. There is no recovery of any
valuables from the present appellants. Nandi Rajpoot had informed Raja
Bahadur Singh that when he had gone to deliver milk, the gate of Gadhi
in which the deceased persons were residing was not opened. The milk
was carried in the recovered plastic bag. The saliva on the basis of which
the FSL report has been drawn is outside the house and was drawn from
a open place and that open place is accessible to all. There are
contradictions in the evidence of Smt.Sangeeta (PW.4), Raja Bahadur
2 CRA-5099-2024
Singh (PW.9) and Mrigendra Tripathi (PW.18). Mrigendra Tripathi
(PW.18) admits that the Balli which was seized was recovered from an
open place. Article A-27 was in the open condition though in Exhibit
P/28 it is mentioned that this property was packed and sealed but it is
evident that the property was found in open condition. Mrigendra
Tripathi (PW.18) admits that he had not put his signatures on the Balli
and had not obtained signatures of the witnesses. Mrigendra Tripathi
(PW.18) admits that the slip which was pasted, was found missing.
Mrigendra Tripathi (PW.18) admits that Exhibit P/56 revealed that he
had received a phone call that the mother and daughter residing in the
house were not opening the gate. He had not noted the phone call from
which intimation was received. In Exhibit D/2, Smt.Sangeeta, the wife
of complainant Raja Bahadur Singh, admits that Raja Bahadur Singh
had returned to Bijour on 17.2.2016. They came back to the place of
crime on 18.2.2016. It has come on record that intimation was already
received on 16.2.2016 that the gate of the Gali in which the deceased
persons were residing, was not opening. The informant was Nandi
Rajpoot. It has also come on record and read over by learned counsel for
the appellants that in the postmortem report, it is mentioned that the
death had occurred 36 to 48 hours prior to the date of the postmortem.
When all these facts are corroborated then it appears to be a case of false
implication. There is neither any motive nor any old enmity and the
appellants have been falsely implicated. Hence, prayer is made to
3 CRA-5099-2024
suspend the remaining part of the jail sentence of the appellants and to
release them on bail.
Learned Government Advocate for the State opposes the
applications. Somewhere in Paragraph No.112 of the impugned
judgment, learned Government Advocate for the State has tried to point
out that a theft had taken place in the house of the deceased and Nandi
Rajpoot was suspect but it is admitted by learned Government Advocate
for the State that no report was lodged against Nandi Rajpoot. No
proceedings were undertaken against him.
After hearing learned counsel for the parties and taking into
consideration the overall facts & circumstances, it is evident that even
the old enmity could not be proved. There are good changes of success
in the appeal. There are several loopholes in the investigation. We are of
the considered opinion that present is a fit case where execution of
remaining part of the jail sentence of the appellants can be suspended
and they can be released on bail.
Accordingly, I.A.No.11826/2024 & I.A.No.11837/2024 are
allowed. It is directed that on depositing the fine amount, if not already
deposited, and on furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only), with two solvent sureties in the like
amount each to the satisfaction of the Trial Court for their appearance
before the Trial Court on 20.12.2024 and such other dates as may be
fixed by the Trial Court, the execution of remaining part of the jail
4 CRA-5099-2024
sentence imposed upon Appellant Hari Singh @ Munna Yadav &
Appellant Nandi Rajpoot shall remain suspended and they shall be
released on bail till final disposal of these appeals.
List these appeals for final hearing in Part-II of the Cause List as
per their turn & seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
amit
