[Cites 5, Cited by 0]
Madhya Pradesh High Court
Nihalsingh vs The State Of Madhya Pradesh on 10 December, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-4670-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4670 of 2024
(NIHALSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 10-12-2025
Shri Ravi Dwivedi, Advocate for appellants.
Shri B.P.S. Chauhan, Public Prosecutor for respondent/State.
Heard on I.A. No.17894/2025, fourth application under Section 389(1)
of Cr.P.C. filed on behalf of appellant No.5 Ramkumar for suspension of
sentence and grant of bail.
Appellant No.5 stands convicted for the offence punishable under
Section 302/149 of IPC and sentenced to undergo life imprisonment with
fine of Rs.1,000/- with default stipulations vide judgment of conviction and
order of sentence dated 28.03.2024 passed by the First Additional Sessions
Judge, Datia District Datia (M.P.) in Case No. ST 200032/2016.
At the outset learned counsel for appellant placed order dated
18.7.2024 passed in the case of appellant No.3 & 4 namely, Smt. Pinki and
Kripal Singh respectively as well as order dated 2.12.2024 in respect of
appellant No.2 Smt. Rajadulaiya and order dated 6.6.2024 passed in the case
of appellant No.1 Nihal Singh and seeks parity.
It is the submission of learned counsel for the appellant that the trial
Court erred in convicting the appellant No.5 and awarding jail sentence to
him. It is further submitted that appellant already suffered 2 years'
incarceration as pre and post trial confinement. It is submitted that present
appellant has been implicated on the basis of dying declaration dt.13.03.2015
2 CRA-4670-2024
(Ex.P/13). It is further submitted that dying declaration was recorded on
13.03.2015 but who sent the information to the police authority and on what
basis dying declaration has been recorded by Tahsildar of Tahsil Jhansi is not
ascertained. According to counsel for appellant No.5, after recording dying
declaration on 13.03.2015, Marg Enquiry kept on lingering for five months
and marg enquiry continued up to 26.08.2015 and thereafter on the basis of
Marg report, FIR was registered on 07.01.2016. Meanwhile, delay of 10
months have been ensued and only source of implication apparently against
the appellant No.5 is dying declaration. In the absence of any cogent
evidence relied by the prosecution to reach to the conclusion that it was a
case in which dying declaration was recorded by Tahsildar stands
authenticated, he could not have been kept in confinement. Dying declaration
contains overwriting also. It is further submitted that this is the appeal of
2024 and final hearing of the appeal shall take considerable long time and
appellant has a good case on merits. Appellant No.5 undertakes to abide by
all terms and conditions as imposed by this Court. Under such
circumstances, learned counsel prays for suspension of sentence and grant of
bail to the present appellant.
Learned counsel for the respondent-State opposed the prayer of
suspension of sentence on the basis of criminal record of two cases of minor
denominations(under Sections 294 & 323) and prayed for dismissal of the
application and supported the impugned judgment.
Considering the submission advanced and in the facts and
circumstances of the case as well as the fact that Dying Declaration surfaced
3 CRA-4670-2024
after 5 months and factum of parity, this Court intends to grant benefit of
suspension of remaining jail sentence to the appellant.
Accordingly, I.A. No.17894/2025 stands allowed. The execution of
remaining jail sentence of the appellant No.5 is hereby suspended and it is
ordered that appellant No.5 shall be released on bail upon his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with
one solvent surety of the like amount to the satisfaction of the trial Court
subject to depositing the fine amount (if not already deposited) with a further
direction to appear before the Registry of this Court on 04.02.2026 and also
on such other dates, as may be fixed by the Registry of this Court in this
regard during pendency of this appeal.
I.A.No.17894/2025 stands disposed of.
(ANAND PATHAK) (ANIL VERMA)
JUDGE JUDGE
R
