Kalyan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 778 MP

                                       1
             The High Court of Madhya Pradesh
                                                        Cr.A.No.1610/2019

                 Kalyan Singh Vs. State of M.P.
Gwalior dated 17.03.2021
       Shri Prashant Sharma, learned counsel for the appellant.
       Shri C.P. Singh, learned Panel Lawyer for respondent/State.

Per Justice Pathak J:

IA.No.16849/2020 first application u/Sec. 389(1) Cr.P.C. for

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

Kalyan Singh is taken up and considered.

This criminal appeal assails the judgment dated 13-12-2018

passed in ST.No.74/2016 by the Second Additional Sessions Judge,

Morena (M.P.) whereby appellant has been convicted and sentenced as

under with default stipulation :-

      Sections (IPC)          Imprisonment                 Fine
302                      Life Imprisonment        Rs.10,000/- with
                                                  default stipulation

It is submitted by learned counsel for the appellant that the trial

Court erred in convicting the appellant and awarding jail sentence. It

is further submitted that the prosecution could not prove the case

beyond reasonable doubt regarding repeated shots made by the

appellant over the deceased. Deceased sustained single gun shot injury.

Dehati Nalish Ex-P/1 nowhere refers such course of event to fasten

liability over the appellant regarding repeated shots. Event precipitated

due to sudden provocation over the boundary ( es<) dispute between the

appellant and complainant party. Appellant has already suffered almost

5 years 3 months incarceration and fine amount has already been

The High Court of Madhya Pradesh Cr.A.No.1610/2019

deposited. Thus, prayed for grant of bail.

Learned counsel for the State opposed the application and prayed

for its rejection by contending that on the basis of the allegations and

the material available on record, no case for suspension of sentence is

made out.

Considering the above submissions and that there is no

likelihood of early disposal of the present appeal in the near future due

to ongoing COVID-19 pandemic crises and looking to the period of

custody, without entering into the merits of the matter, this Court is

inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on merits,

IA.No.16849/2020 is allowed and it is directed that the jail sentence of

appellant will remain under suspension subject to verification that the

amount of fine has been deposited, on appellant furnishing bail bond of

Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the

like amount to the satisfaction of concerned Trial Court for his

appearance before the concerned Trial Court on 05.05.2021 and on

such further dates as may be fixed by him which shall be of frequency

not less than once a year.

In case, appellant is found absent on any date fixed by the

concerned Trial Court then the said Trial Court shall be free to issue

and execute warrant of arrest for securing his presence without first

referring the matter to this Court, provided the Registry of this Court is

The High Court of Madhya Pradesh Cr.A.No.1610/2019

kept informed.

The learned concerned Trial Court and the prosecution are

directed to ensure following of Covid-19 precautionary protocol

prescribed from time to time by the Supreme Court, the Central Govt.

and as well as the State Govt. during release, travel and residence of the

appellant during period of suspension of sentence as a consequence of

this order.

The appellant as a Shiksha Swayamsewak shall render physical

and financial assistance to Govt. Primary School situated nearest to his

residence for ensuring hygiene and sanitation and for removing

deficiencies of infrastructural amenities in the said School from the

skill /resources of appellant. (vihykFkhZ ,d f'k{kk Lo;aLksod ds :i esa vius

fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks

lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djsxk rFkk vius dkS'ky o

lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djsxhA).

The appellant after selecting a particular Govt. Primary School

shall inform about the same to the office of Gram Panchayat (in case of

rural area) and/or Ward Officer of the concerned ward (in case of urban

area), within whose territorial jurisdiction the said school is situated.

(vihykFkhZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa

xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ [email protected];k lEcaf/kr okMZ ds okMZ

vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr

djsxhA).

It will be joint responsibility of Sarpanch and Secretary of said

The High Court of Madhya Pradesh Cr.A.No.1610/2019

Gram Panchayat (in case of rural area) and/or Ward Officer of the

concerned ward (in case of urban area) to preserve the said information

provided by the appellant. (;g] lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds

ekeys es½a [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh

la;qDr ftEesnkjh gksxh fd] vihykFkhZ }kjk iznRr lwpuk dks lajf{kr djssaA ).

The Registry of this court shall communicate this order through

Legal Aid Officer, SALSA, Gwalior to the Collector, District Education

Officer, Block Education Officer of the district/block concerned for

information and compliance.

A copy of this order be supplied to the Legal Aid Officer,

SALSA, Gwalior who is directed to communicate this order to the

District Education Officer, Block Education Officer of the

district/block concerned to verify as to whether appellant has complied

with abovementioned condition or not and submit report once every

month.

In case report regarding abovementioned condition is not filed or

report is found to be wanting in any manner then Registry is directed to

list this matter as PUD before appropriate Bench.

A copy of this order be sent to the Trial Court of the concerned

district for compliance.

C.c. as per rules.

               (Sheel Nagu)                                                  (Anand Pathak)
                  Judge                                                          Judge
Anil*
        ANIL       Digitally signed by ANIL KUMAR
                   CHAURASIYA
                   DN: c=IN, o=HIGH COURT OF


        KUMAR
                   MADHYA PRADESH BENCH
                   GWALIOR, ou=HIGH COURT OF
                   MADHYA PRADESH BENCH
                   GWALIOR, postalCode=474001,

        CHAURASI   st=Madhya Pradesh,
                   2.5.4.20=8512f40a1a9eaa50b6802d0
                   68b51dae27e84c266b09d283f0799e


        YA
                   67cdc7df50f, cn=ANIL KUMAR
                   CHAURASIYA
                   Date: 2021.03.19 14:10:34 -07'00'