Madhya Pradesh High Court
Ravi Narwariya vs The State Of Madhya Pradesh on 25 August, 2025
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4194 of 2017
(RAVI NARWARIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 25-08-2025
Shri A.K. Jain - Advocate for appellants.
Shri A.P.S. Tomar-Public Prosecutor for respondent/State.
Shri R.K. Sharma- Senior Advocate along with Shri V.D. Sharma-
Advocate as amici curiae.
Heard on I.A.No.7081/2025, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1-Ravi Narwariya.
Present appellant is facing sentence by virtue of judgment dated
31/07/2017 passed by Ninth Additional Sessions Judge, Gwalior, District
Gwalior in ST No.451/2014; whereby, he has been convicted and sentenced
as under:-
Section Imprisonment Fine
302/34 of Life Imprisonment Rs.5,000/- with default
IPC stipulation.
It is the submission of counsel for appellants that trial Court erred in
convicting and awarding jail sentence to present appellant. He has been
falsely implicated. He already suffered around 11 years and 02 months of
incarceration as pre and post trial confinement. Without any evidence, he
suffered such long period of incarceration. Even otherwise, present appellant
has good case on merits and hearing of appeal shall take some time. Fine
amount has already been deposited. He undertakes to abide by the terms and
conditions as imposed by this Court. Under such circumstances, learned
counsel for appellant prays for suspension of sentence and grant of bail
to present appellant.
Learned amici curiae Shri R.K. Sharma-Senior Advocate & Shri V.D.
Sharma-Advocate refer the Scene of Crime Report dated 23/05/2014 (Ex.P-
12) in which it appears that deceased Nandini was inside the bathroom when
incident took place. Bathroom was bolted from inside and only from an
open space (ventilation mesh) above the door of the bathroom, around 300
ml chemical was poured inside but it is highly improbable that from such a
small space, if 300 ml chemical is poured over a person, then she would
suffer 90 percent burns, especially when bathroom was 7 feet long. It is
further submitted that a match-box was found inside the bathroom. Not only
this, Dying Declaration (Ex.P-14) of deceased Nandini suffers from
contradictions and omissions even to the extent that Dr. Kuldeep Singh
(PW-13) in his cross-examination admits the fact that he never mentioned
the certification about mental state of injured. He categorically admits that
opinion given by doctor from part H To H was not written by him.
Therefore, it is an interpolation by vested interest. Not only this, he further
clarifies that statement from part C to C was also not written in original
Dying Declaration. It appears that it was incorporated later on. Similarly,
there is complete variance between the testimony of Forensic Scientist
Akhilesh Bhargava (PW-11) and Investigating Officer D.B.S. Tomar (PW-
16). Akhilesh Bhargava (PW-11) categorically admits that when he reached
spot, Investigating Officer was not present. However, Investigating Officer
mentioned the fact otherwise. All these facts indicate vulnerability of the
case from prosecution side.
Per contra, counsel for respondent/State opposed the application and
prayed for its dismissal. However, he could not dispute the fact that present
appellant suffered around 11 years and 02 months of incarceration as pre
and post trial confinement.
Heard counsel for the parties as well as learned amici curiae and
perused the record.
Considering the submissions raised by counsel for the parties as well
as by learned amici curiae and looking to the period of custody suffered by
present appellant which is around 11 years and 5 months , this Court
intends to allow the application for suspension of sentence
(I.A.No.7081/2025).
If appellant No.1-Ravi Narwariya furnishes bail bond in the sum of
Rs.20,000/- (Rupees Twenty Thousand Only) along with one solvent
surety of the like amount to the satisfaction of the trial Court that he shall
appear before the Principal Registrar of this Court on 11/11/2025 and
thereafter, on all other subsequent dates as may be fixed by the Office for
appearance, then he shall be released on bail and execution of jail sentence
is suspended till disposal of this appeal, subject to deposit of fine amount.
I.A.No.7081/2025 stands disposed of, accordingly.
A copy of this order be sent to the trial Court concerned for
compliance and information.
Certified copy as per rules/directions.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
(Dubey)
