Madhya Pradesh High Court
Nathu @ Nathua Adivashi vs The State Of Madhya Pradesh on 15 September, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-766-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 766 of 2025
(NATHU @ NATHUA ADIVASHI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 15-09-2025
Shri Alok Tiwari - Advocate for the appellants.
Ms. Sweta Yadav - Dy. A.G. for the State of M.P.
Heard on I.A. No.8796/2025, which is first application under Section
430 (1) of Bharatiya Nagarik Suraksha Sanhita 2023/under Section 389 of
Cr.P.C for suspension of sentence and grant of bail to the appellant no.1-
Nathu @ Nathua Adivashi, appellant no.2-Smt. Rajkumari and appellant
no.3-Smt. Sahodra Adivashi.
This appeal is filed being aggrieved of judgment dated
24.09.2024 passed by the learned Ist Additional Sessions Judge District,
Jatara, District Tikamgarh, (M.P.) in S.T. No.04 of 2024, whereby appellants
have been convicted as under :-
Appellant no.1
Conviction S e n t e n ce
Section Act Imprisonment Fine if Imprisonment
fine deposited in lieu of Fine
details
302/34 IPC Life Rs.2000/- S.I. for 3
Imprisonment months
2 CRA-766-2025
Appellant no.2
Conviction S e n t e n ce
Section Act Imprisonment Fine if Imprisonment
fine deposited in lieu of Fine
details
302 IPC Life Rs.2000/- S.I. for 3
Imprisonment months
Appellant no.3
Conviction S e n t e n ce
Section Act Imprisonment Fine if Imprisonment
fine deposited in lieu of Fine
details
302/34 IPC Life Rs.2000/- S.I. for 3
Imprisonment months
It is submitted that cause of death was Septicemia due to infection.
Proper treatment was not given to the deceased as admitted by the author of
FIR, Smt. Kushum Adivashi (PW-1). Dr. Suresh Sharma was not examined
as he died and the person who was examined also admitted that cause of
death is mentioned as Septicemia. There are good chances of success.
Ms. Yadav, learned Dy. A.G. for the State opposes the prayer for
suspension of sentence and grant of bail to the appellant.
Taking these facts into consideration and without commenting on
merits of the case, this Court is of the opinion that it is a fit case to suspend
the remaining part of the jail sentence of the appellants and release them on
bail.
3 CRA-766-2025
Accordingly, I.A. No.8796/2025 is allowed.
It is directed that on depositing of fine amount, if not already
deposited and on furnishing personal bond to the tune of Rs.30,000/-
(Rupees Fifty Thousand Only) each with two sureties in the like amount
each to the satisfaction of the Trial Court for their appearance before the
Trial Court on 15.12.2025 and on all subsequent dates as may be fixed by the
concerned Court, the execution of remaining part of the jail sentence
of appellant no.1- Nathu @ Nathua Adivashi, appellant no.2-Smt. Rajkumari
and appellant no.3-Smt. Sahodra Adivashi shall remain suspended and they
be released on bail till final disposal of this appeal.
List for final hearing in due course.
C c as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
bks
