Madhya Pradesh High Court
Kamal Bheel vs The State Of Madhya Pradesh on 5 April, 2022
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4392 of 2021
(KAMAL BHEEL Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated:05.04.2022
Shri Prakhar Dhengula, learned counsel for the appellant.
Shri Pramod Pachouri, learned Public Prosecutor for the
respondent/State.
Heard on I.A.No.2160/22 an application for urgent hearing
during Covid -19.
The same is allowed.
Heard on I.A.No.1070/22, second application under Section
389 of Cr.P.C. filed by appellant - Kamal Bheel for suspension of
sentence and grant of bail. First application was dismissed as
withdrawn vide order dated 25.08.2021 with liberty to repeat after
suffering further sufficient period of incarceration.
Vide judgment dated 10.06.2021 passed by 4 th Additional
Sessions Judge Guna in Special S.T.No.300040/2016 by which the
appellant has been convicted and sentenced as under:
Section Sentence Fine In default stipulation
326 of IPC 5 year R.I. Rs1000/- 2 months RI
In brief, prosecution case is that on 23.09.2014 in the night at
10.45 P.M., when complainant Ajab Singh was in his house, appellant
along with Deepu came there and started abusing him. Kamal was
having axe. He assaulted on his left side of head. Due to which, blood
was oozing out. Deepu assaulted by danda. On his report offence
under Sections 294, 323, 324, 506, 34 of IPC bearing Crime No.505/14
was registered. He was sent for medical examination. During X-ray,
fracture of parito oxipital region of skull was found. He was arrested.
After investigation, charge sheet was filed.
It is submitted by the counsel for the appellant that during trial
he is in custody from 20.05.2015 to 22.08.2015 and from 3.6.2021 to
10.06.2021 about three months and six days and from the date of
judgment till today. Appeal is of the year 2021. Till today he was in
custody about 12 months. Fine amount has already been deposited by
the appellant. Conclusion of the trial will take its own time.
Therefore, prayed for grant of suspension of sentence.
Heard learned counsel for the parties at length.
Considering the aforesaid facts and circumstances of the case,
without commenting anything on merits of the case, I.A.No.1070/22
is allowed. Subject to verification of fine amount amount deposited
by the appellant and on furnishing a personal bond in the sum of
Rs.50,000/- (Rupees fifty thousand only) with one
solvent surety in the like amount to the satisfaction of the concerned
trial Court, the remaining jail sentence of the appellant shall remain
suspended and he shall be released on bail.
The appellant shall firstly appear before the Registry of this
Court on 27.06.2022 and thereafter on all other subsequent date
as may be fixed by the Registry in this regard, till disposal of this
appeal.
C.C.as per rules.
(Deepak Kumar Agarwal)
mani Judge
SUBASRI MANI
2022.04.06
12:25:13 -07'00'
