Madhya Pradesh High Court
Nanuram Patel vs The State Of Madhya Pradesh on 18 March, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-59-2017
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 59 of 2017
(NANURAM PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 18-03-2025
Shri Amit Vyas, Advocate for the appellant(s).
Shri H.S. Rathore, Govt. Advocate for the respondent/State.
Heard on admission.
Record of the lower court has been received.
The appeal being arguable, admitted for final hearing.
Heard on I.A.No.2540/2025, which is a repeat(third) application under
Section 430 of BNSS, 2023/389(1) of the Cr.P.C. filed on behalf of appellant No.1
Nanuram for grant of bail and suspension of remaining jail sentence. His first and
second applications were dismissed on merit by this Court vide orders dated
20.04.2023 and 05.07.2024 respectively.
2. Appellant stands convicted vide judgment dated 06.01.2017, passed by
the Special Judge(SC & ST), Dewas(M.P.) in S.T. No.2100092/2015 under
Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of
Rs.5,000/- and under Section 498-A of IPC sentenced to undergo Rigorous
Imprisonment for 01 year with fine of Rs.1,000/- respectively with default
stipulation.
3. Learned counsel for the appellant submits that the impugned judgment
passed by the learned trial Court is based on assumption, conjecture and surmises.
The learned trial Court has committed an error in convicting and sentencing the
present appellant without appreciating the prosecution evidence properly. There
are material contradictions and omissions in the evidence of witnesses. Learned
2 CRA-59-2017
counsel further submits that the present appellant has already suffered more than
ten years and one month of jail incarceration. Further, the appellant is entitled for
remission period of four years and one month. This appeal is of the year 2017 and
there is no likelihood of its early hearing. On these grounds, learned counsel prays
that the execution of remaining sentence of imprisonment of the appellant No.1
may be suspended and he may be enlarged on bail.
4. Per contra, learned counsel for the respondent/State opposes the
application for suspension of sentence on the ground that there are serious
allegations against the present appellant therefore, the present application
deserves to be dismissed.
5. We have heard the learned counsel for the parties and perused the record.
6. The Hon'ble Supreme Court in Kashmira Singh vs. The State of Punjab
(1977) 4 SCC 291 has observed that it would indeed be a travesty of justice to
keep a person in jail for a period of five or six years, if the Court is not able to hear
the appeal of an accused within a reasonable period of time. The Supreme Court
while observing that unless there are cogent grounds for acting otherwise, the
accused be released on bail; suspended the sentence of accused in the said case
during pendency of the appeal.
7. The Hon'ble Supreme Court in another decision dated 06.10.2021 in
Sonadhar Vs. he State of Chhatisgarh[Special Leave to Appeal (Crl.)
No(s).529/2021] has held that in the State of U.P., where cases of 'life convicts' are
pending for a long period and large incarceration has already undergone, the cases
be remitted to the High Court for an early consideration on the pleas of bail.
8. Also, in Saudan Singh Vs. The State of Uttar Pradesh [Crl. Appeal
Nos.308-324/2022 @ SLP (Crl.) No.4633/2021], the Hon'ble Supreme Court in
view of the fact that the appellant therein was in jail for eight years, released him
3 CRA-59-2017
on bail.
9. Considering the reasons stated in the application and in the light of the
aforesaid judgments coupled with the fact that appellant No.1 has completed more
than 10 years of jail incarceration and that final conclusion of this appeal will take
considerable long time, we deem it appropriate to suspend the remaining jail
sentence of the appellant No.1.
10. Accordingly, I.A.No.2540 of 2025 is allowed and the execution of
remaining jail sentence of the appellant No.1 - Nanuram is hereby suspended till
the final disposal of this appeal. It is directed that appellant No.1 be released on
bail subject to depositing the fine amount, if not already deposited and upon
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one solvent surety in the like amount to the satisfaction of the trial
Court, with a further direction to appear before the Registry of this Court on
16.06.2025 and on such other dates, as may be fixed by the Registry of this Court
in this regard during the pendency of this appeal.
List for hearing in due course.
(SUSHRUT ARVIND DHARMADHIKARI) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
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