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2004 DIGILAW 138 (CHH)

NANKA v. STATE OF MADHYA PRADESH

2004-07-15

A.S.VENKATACHALA MOORTHY, L.C.BHADOO

body2004
( 1 ) APPELLANTS by Shri Arun Kocher, Advocate with Smt. Renu Kocher, Advocate. State by Shri Alok Bakshi, Panel lawyer. ( 2 ) HEARD both the counsel on M (Cr.) P No. 1775/2004 filed on behalf of the appellant No. 2 Jaleshwar alias Jadubal alias Jadua (accused No. 4 before the trial Court ). ( 3 ) APPELLANT No. 2 Jaleshwar (accused No. 4 before the trial Court) has been convicted for commission of the offence punishable under Sections 302, 325 and 307 of the Indian Penal Code and has been sentenced to suffer life imprisonment vide judgment dated 7-7-1997 passed by the Additional Sessions Judge, Soorajpur, District Sarguja in S. T. No. 130/1986. ( 4 ) THE case of the prosecution is that the deceased was attacked by the present appellants Nanda alias Sooraj Prasad (A/2) and Jaleshwar (A/4) and other accused on 20-11-1985 at 4. 30 p. m. and this was witnesses by Shiv Mangal (P. W. 2 ). The trial court acquitted the other accused persons and convicted the present appellants namely accused No. 2 and accused No. 4. ( 5 ) WE find from the records that the matter was reported to the police on 20-11-1985. When the police examined PW-2 on 21-11-1985 he told the police that 15 persons armed with weapons attacked the deceased. But we find that Shiv Mangal (P. W. 2) (the sole eyewitness) has categorically deposed that only four accused attacked the deceased. In the circumstances, it would not be safe to rely the testimony of the sole eyewitness. Learned counsel for the appellants also submits that appellant No. 1 Nanka alias Suraj Prasad has already been released on bail vide order dated 18-12-1997 and the present appellant No. 2 is in custody since 7-7-1997. In these circumstances, we are of the view that it is a fit case in which the appellant No. 2 should be enlarged on bail. ( 6 ) THE application is allowed; the execution of sentence imposed on the appellant No. 2 Jaleshwar shall remain suspended and he is directed to be released on basil on his executing a bond in the sum of Rs. 5000/- with two sureties for the life sum to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court on 27th August 2004. 5000/- with two sureties for the life sum to the satisfaction of the trial Court concerned for his appearance before the Registry of this Court on 27th August 2004. Thereafter he shall appear before the trial Court concerned on a date to be given to him in this behalf by the Registry of this Court and thereafter shall continue to appear there on all the dates as may be given to him by the said court till the disposal of this appeal. ( 7 ) IN view of the above order M (Cr.) P. No. 2437/2003 stands disposed of. Parties are entitled for certified copy of this order. Application allowed. --- *** --- .