Gendu Singh Netam vs The State Of Madhya Pradesh
2025 Latest Caselaw 2882 MP

Madhya Pradesh High Court

Gendu Singh Netam vs The State Of Madhya Pradesh on 15 January, 2025

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                             1                              CRA-11701-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                    CRA No. 11701 of 2024
                                    (GENDU SINGH NETAM AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 15-01-2025
                                Shri Arun Kumar Shukla - Advocate for the appellants.
                                Shri Alok Agnihotri - Government Advocate for the respondent-State.

The record of the court below has come.

Being arguable, the appeal is admitted for final hearing. I.A.No.33256/2024 has been filed on behalf of the appellants for

suspension of sentence and grant of bail.

The appellants stood convicted for the offence punishable under Section 304 (Part-II) of IPC and Section 135 of Electricity Act and sentenced to suffer RI for five years with fine of Rs.10,000/- and three months with fine of Rs.500/- respectively.

Learned counsel for the appellants submits that there is no evidence on record to substantiate that the electric wire, which was used by the appellants, became the cause of death of deceased due to electrocution and merely on the basis of extra-judicial confession, the conviction has been

made. He further submits that in view of the facts and circumstances and the finding given by the court below on the basis of evidence available on record, it can be easily considered that the impugned judgment is not sustainable in the eyes of law.

In contrast, learned counsel for the State opposes the application and submits that proper material was collected by the prosecution and produced

2 CRA-11701-2024 before the trial court and finding given is based upon the said evidence, therefore, bail application at this stage especially looking to the period of incarceration on the face of period of sentence awarded, deserves to be rejected.

Considering the submissions made by the counsel for the parties, perusal of the record and the fact that this appeal will take time to be heard finally, prima facie I find substance in the submissions made on behalf of the appellants. Ergo, without commenting any view on merits, application for suspension of sentence and grant of bail is considered and allowed.

It is directed that remaining jail sentence of the appellants shall remain suspended and they shall be released on bail on their depositing the fine amount and on furnishing personal bond in the sum of Rs.50,000/- (Rupees

Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of learned trial Court concerned for their appearance before the Registry of this Court on 18.04.2025 and on such other dates as may be fixed by the Registry in this regard.

List for final hearing in due course.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

Sudesh