Madhya Pradesh High Court
Iklesh @ Akhilesh vs The State Of Madhya Pradesh on 1 April, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1933 of 2022
(IKLESH @ AKHILESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-04-2022
Shri Manish Datt, learned senior counsel with Shri Kapil Sharma, Advocate
for the appellant.
Shri R.P.Prajapati, learned Panel Lawyer for the respondent/State.
Heard on I.A.No.4187/2022, an application under Section 389(1) of
Cr.P.C. on behalf of appellant Jalam Singh for suspension of jail sentence and
grant of bail pending the appeal.
T he appellant Jalam Singh along with co-accused has been convicted for
commission of offence under Sections 307/149, 325/149, 324/149, 148 of IPC and
has been sentenced to undergo R.I for 10 years and fine of Rs.1000/- with default
stipulation by ASJ, Bareli, District, Raisen.
Learned senior counsel for the appellant has submitted that during trial the
appellant was on bail and has not misused the liberty of bail granted to him by way
of bail. He is 80 years old.
Learned senior counsel has taken me through the evidence of Rajendra
PW/3. In his evidence, Rajendra has not deposed anything against Jalam Singh
about causing of injuries to him or other injured. According to Rajendra, Jalam
Singh was abusing him. Govind Singh, P.W/5 has also not deposed anything in his
examination-in-chief against Jalam Singh. According to evidence of Raghvendra
Singh P.W/6, the accused persons abused Rajendra and Jalam Singh told them to
kill Rajendra, though witness Sardar Singh, P.W/4 has stated that Jalam Singh was
armed with rod. According to him, evidence of witnesses is self contradictory.
On the aforesaid pretext, it has been prayed that appellant Jalam Singh be
released on bail.
O n the other hand, learned Panel Lawyer for the respondent/State has
opposed for grant of bail to the appellant Jalam Singh.
On a perusal of evidence of aforesaid witnesses and impugned judgment of
Signature Not Verified
SAN
the trial Court and the fact that the appellant Jalam Singh is 80 years old person and
during course of trial he was on bail, and the argument as advanced by learned
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2022.04.01 17:13:35 IST
senior counsel I am inclined to release the appellant Jalam Singh on bail.
Accordingly, I.A.No.4187/2022 is allowed. The execution of jail sentence
o f appellant- Jalam Singh is hereby suspended subject to depositing the fine
amount, (if not already deposited). It is directed that the appellant be released
on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty
thousand only) with one solvent surety of the like amount to the satisfaction of
t h e trial court with a further direction to appear before the trial Court on
09.09.2022 and also on such other dates, as may be fixed by that Court in this
regard during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
anu
Signature Not Verified
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2022.04.01 17:13:35 IST
