Madhya Pradesh High Court
Nandesh vs The State Of Madhya Pradesh on 12 June, 2025
1 CRR-2381-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2381 of 2025
(NANDESH Vs THE STATE OF MADHYA PRADESH )
Dated : 12-06-2025
Shri M.L. Yadav - Advocate for the petitioner.
Shri Rajendra Singh Yadav - P.P. for respondent/State.
This criminal revision is admitted.
Record of the Court below is received.
Heard on I.A. No. 12112/2025, which is First application under
Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail filed
on behalf of the petitioner.
The revision has been preferred by the petitioner under Section 397,
401 of the Cr.P.C. against the judgment dated 15.05.2025 passed by Third
Additional Sessions Judge, District Ashok Nagar to the Court of First
Addional Sessions Judge Ashok Nagar (M.P.) in Cr.A. No. 20/2025,
whereby appeal filed by the petitioner against the judgment of conviction and
order of sentence dated 16.01.2025 passed in RCT No. 1038/2021 by JMFC,
District Ashok Nagar has been partly allowed and the petitioner has been
convicted for the offence under section 304-A of IPC and sentenced him to
undergo One Year R.I. with fine of Rs. 500/- and under Section 3/181 of
Motor Vehicles Act with fine of Rs.5000/- with default stipulation.
According to the prosecution case, on 8.3.2021 Assistant Sub-
Inspector Ramdayal Nanda received the medical report of injured Ratan
Singh from District Hospital Ashoknagar for investigation. During the
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investigation, the statements of the deceased's sons Brajesh Ojha and
Kishanpal were taken in which they told that on 24.2.21 he was standing at
the door of the house and his father was walking from the roadside when
Nandesh Yadav, the driver of a motorcycle MP 08 MU 6555, hit Ratan Singh
by driving fast and carelessly. He was brought to District Hospital
Ashoknagar for treatment from where his father was referred to Hamidia
Hospital. As he did not get relief in Hamidia Hospital, he was brought to Sai
Hospital Bhopal where during treatment the doctor declared him dead on
8.3.21. After completion of investigation police filed a charge sheet against
the accused in the trial court and trial court convicted him as aforesaid in the
above said offences.
Learned counsel for the petitioner argued that the Courts below have
wrongly appreciated the evidence and convicted the petitioner. There are
omissions and contradictions in the statements of the prosecution witnesses.
The petitioner was on bail during trial and never misused the liberty so
granted to him. Present revision is likely to take long time to come up for
final hearing. Hence, prayed to suspend the jail sentence of the petitioner
looking to the short period of jail sentence and release him on bail.
On the other hand, learned State counsel opposed the application and
prayed for rejection of the same.
In view of the facts and circumstances of the case, but without
expressing any opinion on the merits of the case, the application (I.A. No.
12112 of 2025) is allowed. It is directed that the petitioner be released on bail
on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty
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Thousand Only) with one surety in the like amount to the satisfaction of the
concerned trial Court. The petitioner shall now appear before the Registry of
this Court 25.08.2025 and on all other dates which may be given by the
Office for his appearance.
List the case for final hearing in due course.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
V. JUDGE
Van
