Madhya Pradesh High Court
Kamlesh Kol vs The State Of Madhya Pradesh on 15 December, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11736 of 2022
(KAMLESH KOL Vs THE STATE OF MADHYA PRADESH)
Dated : 15-12-2022
Shri T.K.Modh, counsel for the appellant.
Ms. Nalini Gurang, P.L. for respondent-State
Call for the trial Court record.
T his appeal under Section 374(2) of Cr.P.C. has been filed against
judgment dated 25.11.2022 passed in S.T.No.38/2018 (State of Madhya
Pradesh vs. Kamlesh Kol) whereby learned Ist Addl. Sessions Judge, Kotma
District Anuppur (M.P.) has convicted the appellant for commission of offence
under Section 201/34 of IPC and has sentenced him to undergo R.I. for 05
years and fine of Rs. 5000/-, with default stipulation. In this case, co-accused
Ramlal Kol has been convicted for commission of offence under section 302 of
IPC and sentenced to life imprisonment with fine of Rs.10,000/- and also under
section 201/34 of IPC and sentenced to undergo R.I. for 05 years with fine of
Rs.5000/- with default stipulation.
Heard on I.A.No.23693/2022, an application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail to the appellant
pending the appeal.
Leaned counsel for the appellant submits that during the course of trial
appellant was on bail. Learned trial court after convicting him for commission
of offence under Section 201/34 of IPC and sentencing him to undergo R.I. for
05 years with fine of Rs.5000/- has itself released on bail for filing the appeal. It
is submitted that an offence under Section 201 of IPC is bailable, therefore, he
Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 12/16/2022
11:44:41 AM
was granted bail. He has not misused the liberty granted to him by way of bail.
It is further submitted that the co-accused who has been convicted under
section 302 and 201/34 of IPC has not filed any appeal so far, therefore, if
appellant is not released on bail, he would be required to surrender before the
trial court for undergoing jail sentence It is submitted that the offence is
bailable. Appellant has fair chance to succeed in the appeal. Therefore,
appellant be released on bail.
Learned Panel Lawyer for the State has opposed the application for
suspension of sentence and grant of bail to the appellant.
On perusal of trial court's order sheet dated 26.11.2022, it is revealed that
after convicting the appellant for commission of offence under section 201/34
of IPC, he was released on bail for filing the appeal and obtaining the stay order
from the appellate court. As co-accused has not filed the appeal, this appeal in
which sentence is 05 years, can be heard by this court.
After considering the findings recorded in impugned judgment and the
fact that this appeal will take considerable long time, I deem it proper to
suspend the remaining jail sentence of the appellant.
Consequently, I.A.No.23693/2022 is allowed. The execution of jail
sentence of appellant- Kamlesh Kol 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) each with one solvent surety of the
like amount to the satisfaction of the trial Court with a further direction to
appear before the trial Court on 06.03.2023 and also on such other dates, as
may be fixed by that Court in this regard during the pendency of this appeal.
List the case for argument on admission after receipt of the record.
Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 12/16/2022
11:44:41 AM
C.C. as per rules
(DINESH KUMAR PALIWAL)
JUDGE
MKL
Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 12/16/2022
11:44:41 AM
