Deendayal Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 5938 MP

                                    1                            CRA-4516-2021
        The High Court Of Madhya Pradesh
                   CRA-4516-2021
         (DEENDAYAL KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 23-09-2021
       Heard through Video Conferencing.
       Shri Bhupendra Shukla, learned counsel for the appellants.
       Shri Pradeep Dwivedi, learned Panel Lawyer for respondent/ State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.14039/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

Appellants have been convicted for the offence punishable under Sections 307 r/w Section 24 and 323 r/w Section 34 of IPC and sentenced to undergo rigorous imprisonment for 7 years with fine of Rs.10,000/- and RI for 6 months with fine of Rs.500/- respectively, with default stipulations.

Learned counsel for the appellants, at the outset, seeks permission to withdraw this application with regard to appellant No.1 Deendayal Kushwaha

with liberty to file a fresh after appropriate time.

Prayer is allowed.

Accordingly, application for suspension of sentence and grant of bail to the appellant No.1 Deendayal Kushwaha is hereby dismissed as withdrawn with aforesaid liberty.

Now this application is to be heard only on behalf of appellant No.2 Ramkripal @ Kaka Kushwaha.

Learned counsel for the appellants by referring the statements of Ramkali (P.W.-1), injured Pushpraj Singh (P.W.-3) and Akshay Singh (P.W.-

4) submits that none of the prosecution witnesses supported the case of the prosecution with regard to appellant No.2. Allegations alleged against him have not been proved. He was on bail during trial and is in custody since 2 CRA-4516-2021 16.07.2021. Appeal will take enough time for its final disposal, hence, sentence of appellant No.2 may be suspended and he may be enlarged on bail.

O n the other hand, learned counsel for the respondent/State has opposed the application for suspension of sentence and granted bail and submitted that the judgment of conviction and order of sentence is based on

proper appreciation of oral as well as documentary evidence, therefore, the appellant No.2 does not deserve for suspension of sentence and grant of bail.

Having regard the rival submissions of learned counsel for both the parties, after perusing the statements of prosecution witnesses namely Ramkali (P.W.-1) and Akshay Singh (P.W.-4) specially with regard to appellant No.2, I am of the considered opinion that it is a fit case for suspension of sentence and grant of bail to the appellant No.2 Ramkripal @ Kaka Kushwaha.

Accordingly, I.A. No.14039/2021 is allowed and remaining jail sentence of the appellant No.2 is hereby suspended.

I t is directed that appellant No.2 Ramkripal @ Kaka Kushwaha be released on bail on depositing fine amount, if not already deposited and furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety of like amount to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 08.11.2021 and on subsequent dates as may be fixed by the Registry of this Court in this regard till disposal of this appeal.

Certified copy as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

vc Digitally signed by VARSHA CHOURASIYA Date: 2021.09.24 11:31:11 +05'30'