Madhya Pradesh High Court
Naveenchand vs The State Of Madhya Pradesh on 10 March, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-13700-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 13700 of 2023
(NAVEENCHAND AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 10-03-2025
Shri Siddharth Datt -Advocate for the applicant.
Shri Akshay namdeo -Government Advocate for the
Considered I.A.No.10071/2024, which is first application under section
389(1) Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
applicants/appellant No.01 (Naveenchand) & appellant No.02 (Amitabh Jain).
Vide impugned judgment dated 16.10.2023 passed by the Second
Additional Sessions Judge, Lakhnadon, District Seoni in Sessions Trial
No.47/2019 [State of M.P. Vs. Naveenchand and others] the applicants/appellants
have been convicted for offences under sections 302/34 and 323/34 of the Indian
Penal Code and sentenced to undergo Life Imprisonment each and R.I. of 01 year
each and fine of Rs.5,000/- and Rs.1000/- each, with default stipulations
respectively.
As per paragraph 2 of the prosecution story on 05.3.2019 complainant-
Sudesh Jain lodged report that when he was at his shop at that time Basant Jain got
into quarrel with Komalchand and his sons, namely, Naveenchand and Amitabh
Jain over a dispute of throwing garbage. There he want to pacify both the parties.
At that time, Komalchand and sons (Naveenchand and Amitabh Jain) had carried
iron rod and hit Basant Jain on his head. At that time Ravindra @ Raju Mama
brought 'Guptinuma' knife and stabbed twice into the stomach of Basant Jain. At
that time appellants/Naveenchand and Amitabh Jain caught hold of Basant. They
threw Basant on the ground. Sudesh tried to interfere. He was also assaulted by
Komalchand. Basant Jain was taken to hospital where Doctor declared him dead.
2 CRA-13700-2023
Accordingly, Crime No.83/2019 was registered against the accused persons.
Learned counsel for the appellants/applicants submitted that they are
innocent and have been falsely implicated in the crime in question. The applicants
are not the main assailants. There are material contradictions and omissions in the
prosecution witnesses. The applicants have no criminal antecedents. The
applicants have remained for substantial period in judicial custody. They were on
bail during trial. Final disposal of present appeal would take considerable time.
Hence prayer is made to suspend the jail sentence of applicants and grant them
bail.
Learned Government Advocate has opposed the prayer for suspension of
sentence and grant of bail.
Heard learned counsel for the parties and perused the record. As per post-
mortem report and statement of Dr.Bharti Sonkeshariya (PW.9) the deceased had
stab wound in his stomach and food was oozing from his stomach. He got another
cut injury near arm pit also. He sustained contusion injury on his head and the
cause of death is grievous injury on the vital part of the body.
Considered the overall facts and circumstances of the case, nature of
allegations against the applicants, gravity of offence, and period of custody i.e. 149
days before judgment and thereafter from the date of judgment i.e. 16.10.2023 till
date, this Court is of the view that this is not the fit case for grant of suspension of
sentence at this point of time. Accordingly, I.A.No.10071/2024 stands dismissed.
Also considered I.A. 5655/2025, which is an application for grant of
temporary bail on behalf of appellant- Komal chand on the ground of heart
elements.
It is stated that appellant is aged about 72 year and he has not keeping well,
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therefore, he has been shifted to Jail Hospital. Therefore, he be granted temporary
suspension of sentence, grant of temporary bail for a period of three months.
In view of prayer of temporary bail, the learned Government Advocate is
directed to call for the medical report in respect of appellant -Komal Chand from
the concerned Jail authorities.
State is directed to produce the medical report.
List immediately after report is received.
(SUSHRUT ARVIND DHARMADHIKARI) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
NRJ
