Vikram Singh Kuchbandhiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 810 MP

                                   1                            CRA-2500-2020
        The High Court Of Madhya Pradesh
                   CRA-2500-2020
     (VIKRAM SINGH KUCHBANDHIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

5
Jabalpur, Dated : 17-03-2021
      Shri Vitthal Rao Jumre, learned counsel for the appellant No.1-Vikram
Singh Kuchbandhiya.
      Shri Ajay Pal Singh, learned counsel for the appellant No.2-Mahendra
Singh Kuchbandhiya.
      Ms. Seema Jaiswal, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, admitted for hearing. Heard on I.A. Nos.13148/2020 & 2101/2021, applications filed on behalf of the appellant No.1-Vikram Singh Kuchbandhiya & appellant No.2- Mahendra Singh Kuchbandhiya for suspension of sentence, who stand convicted by the trial Court for offence punishable under Section 304-II & 323 (on two counts) of the Indian Penal Code and sentenced to undergo RI for 5 years with fine of Rs.3,000/- and RI for 1 year with fine of Rs.1,000/- (on each count), with default stipulations.

As per the impugned judgment, incident took place due to small issue regarding removal of fence (badi) by the complainant party.

Learned counsel for the appellants submits that the maximum sentence awarded to the appellants is of five years. It is also submitted that both the appellants are in custody since the date of judgment. Previously, appellant No.1-Vikram Singh Kuchbandhiya was also in custody from 09.04.2014 to 18.11.2014 and appellant No.2-Mahendra Singh Kuchbandhiya was also in custody from 09.04.2020 to 15.10.2014. The final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellants be suspended and they be released on bail.

Learned Panel Lawyer for the State has opposed the bail applications. Considering the facts and circumstances of the case, nature of offence 2 CRA-2500-2020 and custody period of the appellants, without commenting upon the merits of the case, I.A. Nos.13148/2020 & 2101/2021 are allowed.

It is directed that subject to deposition of fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, the remaining part of the

substantive jail sentence imposed upon appellant No.1-Vikram Singh Kuchbandhiya and appellant No.2-Mahendra Singh Kuchbandhiya shall remain suspended during the pendency of this case and they shall be released on bail. Appellants shall appear before the concerned trial Court on 12.08.2021 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

I.A. Nos.13148/2020 & 2101/2021 stand disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

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Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2021.03.17 17:44:42 IST