Kallu Bhadoriya vs The State Of Madhya Pradesh
2021 Latest Caselaw 8457 MP

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              The High Court of Madhya Pradesh
                                                          Cr.A.No.2057/2019

                Kallu Bhadoriya Vs. State of M.P.
Gwalior dated 08.12.2021
       Shri Mahavir Pathak, learned counsel for the appellant.
       Shri   Shiraz   Qureshi,    learned       Public   Prosecutor     for
respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.7490/2021, 3rd application u/Sec. 389 of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant -

Kallu Bhadauria is taken up and considered.

This criminal appeal assails the judgment dated 23 rd January,

2019 passed in S.T.No.100114/2011 by the Additional Sessions Judge,

Seonda Distt. Datia, whereby appellant has been convicted and

sentenced as under with default stipulation :-

      Sections (IPC)         Imprisonment                   Fine
364/120-B                Life Imprisonment         Rs.5,000/- with
                                                   default stipulation
201                      Five years RI             Rs.1,000/- with
                                                   default stipulation

It is submitted by learned counsel for the appellant that first

application for suspension of sentence was dismissed vide order dated

28.8.2019 on the ground that prosecution witness (PW-6) Vijay Singh

has categorically deposed in his statement that Lakhan, Narayani Bai,

Mevaram and Ramvir had joined appellant Kallu and thereafter

appellant Kallu had also accompanied them in a vehicle in which 5-6

persons were sitting. Learned counsel further submits that witness

Vijay Singh (PW-6) has stated that he was informed about the aforesaid

The High Court of Madhya Pradesh Cr.A.No.2057/2019

facts by Ramesh Jatav, who was not examined by the prosecution. He

was examined as a defence witness. This witness (DW-2) has

specifically stated that on 2.8.2010 he did not see Lakhan, Narayani

Bai, Mevaram and Ramvir accompanying appellant Kallu. Neither he

saw aforesaid persons nor 7-8 others sitting in bolero vehicle. He even

did not see any bolero vehicle on the spot. He further stated that he did

not tell aforesaid facts to Vijay Singh (PW-6) and Vijay Singh had told

him that he will give Rs.20,000-25,000/- to him if he will tell police

personnel that he saw Lakhan, Narayani Bai, Mevaram and Ramvir

going along with appellant Kallu.

Beside that, learned counsel for the appellant further submits that

appellant Kallu was implicated on the basis of his memorandum

recorded on 4.8.2011 and on the basis of his memorandum prosecution

seized one knife and one old cloth of the deceased, but witnesses of

memorandum (Ex.P/21) and seizure (Ex.P/19), namely Arvind (PW-10)

and Ramkumar (PW-4), have not supported the prosecution on this

point that on the behest of appellant Kallu, aforesaid articles were

seized.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.No.7490/2021 is

allowed and it is directed that jail sentence of appellant will remain

The High Court of Madhya Pradesh Cr.A.No.2057/2019

under suspension subject to verification that the amount of fine has

been deposited, on appellant's furnishing bail bond of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like

amount to the satisfaction of concerned Trial Court for his appearance

before the Principal Registrar of this Court on 28th March, 2022 and

thereafter on such further dates as may be fixed by the office of this

Court in this regard till disposal of the appeal.

C.c. as per rules.

             (Rohit Arya)                           (Deepak Kumar Agarwal)
                Judge                                      Judge
ms/-

        MADHU
        SOODAN
        PRASAD
        2021.12.09
        10:07:06
        +05'00'