Kallu @ Kalyan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1667 MP

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                     The High Court of Madhya Pradesh
                               Cra -3965-2020
                (Kallu @ Kalyan Singh Vs. State of M.P.)


Gwalior, dated : 29/04/2021

      Shri Amit Goswami, Advocate for the appellant.

      Shri Atul Sharma, learned Public Prosecutor, for respondent/State.

Learned counsel for the rival parties are heard.

I.A.12385/2021, first application for suspension of sentence moved

on behalf of appellant- Kallu @ Kalyan Singh u/Sec.389(1) Cr.P.C. is taken

up and considered.

This criminal appeal assails the judgment dated 14.03.2020 passed in

Sessions Trial No.54/2017 by Additional Session Judge, Lahar, District

Bhind (M.P.), whereby appellant has been convicted as under : :-

Sections                  Imprisonment              Fine
307/34 IPC                10 years' R.I.            Rs.10,000/- with default
                                                    stipulation.
25(1-B) (A/3) of Arms 02 years' R.I.                Rs.2,000/- with default
Act                                                 stipulation.

Learned counsel for the State opposed the appeal and prayed for its

rejection by contending that on the basis of the allegations and the material

available on record, no case for grant of bail is made out.

State has yet to file reply.

By considering the allegations made against the appellant, this court

deems it appropriate to proceed and decide the case.

The appellant appears to be main accused who has caused gun shot

injury given rise to the offence punishable u/S.307 IPC. The injured

sustained gun shot injury in the stomach which is the vital part of body.

Learned counsel for appellant submitted that co-convicted person

Anil Dohare has since been enlarged on bail by way of suspension of

sentence. The case of Anil Dohare is distinct as he does not appear to be

main accused.

Considering the period of custody suffered by the appellant which is

only one and half years as against 10 years' R.I. awarded, this Court for the

time being, declines bail to the appellant by way of suspension of sentence

and dismisses I.A. No.12385/2021.

(Sheel Nagu) Judge vpn VIPIN Digitally signed by VIPIN KUMAR AGRAHARI DN: c=IN, o=High Court Of Madhay Pradesh Bench Gwalior,

KUMAR ou=all, 2.5.4.20=ba9f628dc9a78be87be1fa639319d643831453fb27 87ea87394b7febf7a6def2, postalCode=474011, st=MADHYA PRADESH, serialNumber=64bf959b6ffdeef8e12c62166740b3c771ffbcb

AGRAHARI 05102395b93dc7fb337059a94, cn=VIPIN KUMAR AGRAHARI Date: 2021.04.30 16:49:26 +05'30'