Kalli Alias Rajbahadur Gurjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 5854 MP

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           THE HIGH COURT OF MADHYA PRADESH
                         Cr.A.No.2724/2021
            (Kalli @ Rajbahadur Gurjar Vs. State of M.P.)

Gwalior, Dated:-22.09.2021
      Heard through hybrid system of physical/virtual hearing.

      Mr. Rajmani Bansal, learned counsel for the appellant.

      Mr. B.M. Shrivastava, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.15755/2021, first application under Section

389(1) of Cr.P.C for suspension of jail sentence and grant of bail on

behalf of appellant.

This appeal has been preferred against the judgment dated

26.03.2021 passed by Special Judge, Gohad District Bhind in Special

Case No.05/2016, whereby the appellant has been convicted and

sentenced as under :

Section Imprisonment Fine (Rs.) Default (in lieu of fine) 394 r/w 34 of IPC 10 years RI 2,000/- 1 month 25(1-B) (A) of Arms 1 year 1,000/- 1 month Act r/w 34 of IPC 11/13 of MPDVPK Act 3 years 2,000/- 1 month

As per prosecution case, on report of the complainant-Janak Singh

on 09.11.2015 offence of loot and dacoity against four unknown persons

were registered at Police Station Malanpur, District Gwalior and matter

was investigated. During investigation, Accused Tahsildar Singh Gurjar,

present appellant-Kalli @ Rajbahadur Gurjar and Manoj were

apprehended. During investigation, accused Dinesh Singh Gurjar died.

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.2724/2021 (Kalli @ Rajbahadur Gurjar Vs. State of M.P.)

At the behest of present appellant, one country made pistol along with

one live cartridge was seized. Test Identification Parade was conducted

by PW-6 Bhumija Saxena and Tahsildar Singh Gurjar was identified by

the complainant. There is no identification report of present appellant.

Thereafter, during trial, three persons were also identified by the

complainant Janak Singh before the Court. In support of his contention,

learned counsel for the appellant has placed reliance on the judgment of

Supreme Court in the case of Krishan Kumar Malik Vs. State of

Haryana, reported in (2011) 7 SCC 130.

In the case of Krishan Kumar Malik (Supra), the Apex Court

has held thus :

"26. Admittedly, no identification parade was conducted to identify the appellant as the description given by prosecutrix about the details did not match with his appearance. All through, she has been describing the appellant as gitta (short-statured) man with beard, whereas a statement before the Bench has been made by learned counsel for appellant, after verification from the appellant's wife, that he is 5' 6" tall. This fact has been independently corroborated by the jailor's report on this specific query. Even though a man having height of 5' 6" cannot be said to be tall but by no stretch of imagination, could he be called a gitta (short-statured) man. Admittedly, she was already shown the appellant and other accused at the police station, after they were arrested. Thus, her dock identification in court had become meaningless."

Learned counsel for the appellant further submits that the

appellant is in custody since 26.03.2021. Fine amount has already been

deposited. Hearing of this appeal shall take some time. Hence, looking

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.2724/2021 (Kalli @ Rajbahadur Gurjar Vs. State of M.P.)

to the period of custody, he prays for suspension of sentence and grant of

bail to the appellant.

Learned Public Prosecutor for the respondent/State opposed the

prayer and prayed for dismissal of this application.

Heard learned counsel for the parties at length.

In view of the aforesaid and considering the facts and

circumstances of the present case and the fact that the disposal of the

appeal will take its own time, without commenting upon the merits of

the case, it would be appropriate to accept the application of the

appellant.

Consequently, I.A.No.15755/2021 is hereby allowed. If the

appellant furnishes a bail bond and deposits the fine amount in the sum

of Rs.50,000/- (Rupees fifty thousand Only) alongwith one surety

bond of the like amount to the satisfaction of the trial Court and

undertakes that he will appear before the Registry of this Court on

10.01.2022 and on subsequent dates given by the office for his

appearance till the disposal of the present appeal, then the appellant shall

be released on bail and execution of jail sentence is suspended till the

disposal of this appeal.

Certified copy as per rules.

(Deepak Kumar Agarwal) Judge bj/-

BARKHA JHA 2021.09.22 16:19:36 +05'30'