Madhya Pradesh High Court
Kundan Singh vs The State Of Madhya Pradesh on 9 December, 2022
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3511 of 2020
(KUNDAN SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 09-12-2022
Shri Sanjay Gupta, learned counsel for appellant.
Smt. Dr. Anjali Gyanani, learned Public Prosecutor for the
respondent/State.
Heard on I.A. No. 8929/2021, first application under Section 389 (1) of
Cr.P.C. moved on behalf of appellant-Kundan Singh for suspension of his
remaining jail sentence.
By the impugned judgment of sentence and order of conviction, appellant
has been convicted for offence under Section 148 of IPC and Section 302 read
with Section 149 of IPC and sentenced to suffer 2 years' RI and life
imprisonment with fine of Rs.500/- and Rs.2000/- respectively with default
stipulation.
It is the submission of learned counsel for the appellant that trial court
erred in convicting the appellant and awarding jail sentence. Learned counsel for
the appellant referred the testimony of sole eye witness Pyari Bai (PW/2), which
has been believed by the trial Court and she refers the allegation of inflicting
injuries from Katarna by Naresh over head of the deceased Kallu and Dipua @
Deepak who inflicted injury from Katarna over hand of the deceased Kallu. So
far as allegations over Kundan Singh is concerned, his role is at par with Mukul
and Mahendra, who have been acquitted by the trial Court. Their presence with
lathi is referred even in examination in chief of eye witness Pyari Bai. Fine
amount has already been deposited. Appellant has already suffered around three
years and nine months of incarceration in total. Hearing of appeal will take time
and he has a strong case on merits. On these grounds, prayer for suspension of
sentence has been made out.
Learned counsel for the respondent/State opposed the prayer and prayed
for rejection of application.
Keeping in view the submissions made by the learned counsel for the
parties and looking to the facts and circumstances of the case and the hearing
of appeal will take time, subject to deposit of fine amount, it is directed that jail
sentence of appellant-Kundan Singh shall remain suspended subject to
appellant's furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety of like amount to the satisfaction of
the trial Court to appear before Registry of this Court on 31/01/2023 and all
other subsequent dates as may be fixed in this regard.
Appellant shall not be a source of embarrassment or harassment to
the complainant side in any manner and shall not move in their vicinity,
otherwise his benefit of suspension shall immediately be withdrawn.
I.A.No.8929/2021 stands allowed and disposed of.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(ANAND PATHAK) (MILIND RAMESH PHADKE)
JUDGE JUDGE
neetu
NEETU
SHASHANK
2022.12.09
17:18:05
+05'30'
