Nathuram @ Nathua And Others vs State Of Madhya Pradesh

Heard on I.A.No.9831/2020 filed by the appellant no.2 Dharmdas Bunkar under section 389 (1) of Cr.P.C. for suspension of his jail sentences. This is the second bail application of the appellant no.2. His first bail application was dismissed as withdrawn by order dated 14.1.2020.

The appellant no. 2 Dharmdas Bunkar who has been convicted and sentenced by the Court of 1st Additional Sessions Judge, Jatara, District Tikamgarh in S.T. No.100239/14 vide its judgment dated 3.7.2019 convicting him under sections 326/34 and 323/34 of the IPC and sentencing to undergo RI for 5 years along with fine of Rs.5000/- and RI for 6 months along with fine of Rs.500/- respectively, with default stipulation as mentioned in the impugned judgment.

It is submitted that he is in custody since 3.7.2019 and disposal of the appeal will take time. There is a fair chance to succeed in the appeal. The complainant and the appellants are close relatives and a compromise has been taken place among the accused persons and the complainant. Due to Covid-19 there is a crowd in the jail and in the present circumstances the appellant is not required to be kept further in custody. It is submitted that the sentence of the co-accused has been suspended.

Learned PL has opposed the aforesaid contentions and prayed for its rejection. However, the learned counsel for the complainant has supported the application and prayed that he has no objection if the sentence of the appellant is suspended.

Having considered the arguments advanced by learned counsel for the parties and on perusal of the record, it is a fit case for suspension of jail sentence.Hence, this application is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant no.2 Dharmdas Bunkar shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-with one surety in the like amount to the satisfaction of the trial Court for his appearance before the trial court on 15.12.2020 and thereafter on all other such subsequent dates as may be fixed by the trial court in this regard.

It is also submitted that co-accused Nathuram @ Narthua who has been released on bail on suspension of his sentence by order dated 14.1.2020 with a direction that he shall appear before the Registry of this Court on 20.5.2020 could not appear on the aforesaid date due to Covid-19. Learned counsel for the appellants prayed that further date for appearance of appellant no.1 Nathuram @ Nathua be given and he should also be directed to remain present before the trial court.

Considering the prayer of the learned counsel for the appellants, it is directed that appellant no.1 Nathuram @ Nathua shall remain present before the trial court on 15.12.2020 and thereafter on all other such subsequent dates as may be fixed by the trial court in this regard.

Office is directed to send a copy of this order to the trial court for information and compliance.

List the case for final hearing in due course as per listing policy.

CC as per rules.