Madhya Pradesh High Court
Nahar Singh vs The State Of Madhya Pradesh on 18 November, 2025
1 CRA-5410-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5410 of 2025
(NAHAR SINGH Vs THE STATE OF MADHYA PRADESH )
Dated : 18-11-2025
Appellant by Shri Santosh Kumar Meena - Advocate.
Respondent - State of Madhya Pradesh by Shri H.S. Rathore - Government
Advocate appearing on behalf of the Advocate General.
Per: Justice Binod Kumar Dwivedi
Heard on the question of admission.
The record of case has already been received from the trial Court.
The present appeal appears to be arguable, hence admitted for final hearing.
Also heard on IA No.8263 of 2025 , first application under Section 430 (1)
of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 389 (1) of Code of
Criminal Procedure, 1973) filed on behalf of appellant - Naharsingh S/o Pisu
Bhuriya for grant of bail and suspension of remaining jail sentence.
Vide judgment of conviction and order of sentence dated 28.02.2020 passed
by learned Second Additional Sessions Judge Kukshi, District Dhar (MP) in
Session Trial No.100 of 2019 (CIS No.ST/23/2019), the present appellant stands
convicted under Section 302 of the Indian Penal Code, 1860 (herein after referred
to as the IPC) and sentenced to undergo life imprisonment with fine of Rs.2,000/-
with default stipulation.
As per the prosecution case, deceased Varjan @ Arjun S/o Naru Bhuriya
Bhil, after taking dinner, had gone to appellant - Nahar Singh S/o Pisu Bhuriya
asking for tobacco. The appellant Nahar Singh S/o Pisu Bhuriya denying to
supply him tobacco stabbed him on his chest by knife. The deceased fell down
2 CRA-5410-2025
and collapsed and succumbed to the injury. The incident was reported to Police
Station Bagh, District Dhar (MP) where a case has been registered at Crime
No.438 of 2019 for commission of offence punishable under Section 302 of the
IPC by ascribing FIR Exhibit P/1.
Learned counsel for the appellant, taking exception to the impugned
judgment, submits that the appellant had no intention to kill the deceased. Due to
sudden altercation, he lost control and allegedly stabbed the deceased. This is a
case of single injury. There was no premeditation and no enmity between the
deceased and the appellant. The ingredients to attract offence under Section 302
of the IPC are missing. This case will not travel beyond offence under Section
304 Part-II of the IPC. The appellant has suffered jail incarceration of about six
years and eleven months. The judgment has been passed ignoring the material
contradictions and omissions in the prosecution. The appellant has fair chances of
success in this appeal. The appeal being of the year 2025 is not going to be heard
finally in near future. On these submissions, learned counsel prays for suspension
of remaining jail sentence and grant of bail to the appellant by allowing this IA.
Per contra, learned counsel appearing for the respondent / State has opposed
the prayer on the ground that there was no provocation on the part of the
deceased. The appellant chose chest - a vital part of the body to give a knife blow,
which proved fatal. The appeal is devoid of any substance, hence prays for
dismissal of the suspension application.
Heard and considered the rival submissions raised at bar and perused the
record.
It is undisputed that this is a case of singular blow by knife on the chest of
the deceased. In postmortem report only one stab wound size 1 x 1 1/2 cm has
been found on left side of chest of the deceased. The genesis of the incident is of
3 CRA-5410-2025
very trivial in nature. No premeditation and enmity or motive has been
established for committing the offence. The appellant is the real uncle of the
deceased.
In the aforesaid factual matrix coupled with the fact that the appellant has
suffered incarceration of near about seven years, we are of the considered view
that a case of grant of suspension of sentence and bail in favour of the appellant is
made out.
Accordingly, without expressing any opinion on the merits of the case, IA
No.8263 of 2025 stands allowed. The execution of remaining jail sentence of
appellant - Naharsingh S/o Pisu Bhuriya shall remain suspended during the
pendency of the appeal and he be released on bail upon his furnishing a personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent
surety of the like amount to the satisfaction of the trial Court and on depositing the
fine amount (if not already deposited); and with a further direction to appear
before the Registry of this Court on 29.01.2026 and thereafter, on all subsequent
dates as may be fixed by the Registry in this regard during the pendency of the
appeal.
Certified copy, as per Rules.
(VIJAY KUMAR SHUKLA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
rcp
