Kilol Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 17134 MP

                                 1

     IN THE HIGH COURT OF MADHYA PRADESH
                  AT GWALIOR

                    CRA No. 12412 of 2022
       (KILOL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Dated : 29-12-2022

      Shri R.S.Yadav, Advocate for the appellants.
      Shri C.P.Singh, Public Prosecutor for the respondent/State.

I.A.No.20340/2022, an application for urgent hearing

during winter vacations is allowed.

Heard on admission.

Admit.

Let record of the Court below be requisitioned.

Heard on I.A.No.20341/2022, first application for

suspension of sentence and grant of bail moved on behalf of

appellants Kilol Singh, Asharam, Chandrapal and Siyaram.

Vide judgment of conviction and order of sentence dated

16/12/2022 passed by Additional Sessions Judge, Pichhore,

District Shivpuri, in Sessions Trial No.29/2017, the appellants

stand convicted and sentenced as under:-

Number        & Convicted            Sentenced to undergo
Name          of under section
appellant
1. Kilol Singh 325 of the IPC        5 years RI with fine of

Rs.5000/- in default to suffer additional imprisonment for 20 days 325/149 of IPC 5 years RI with fine of Rs.5000/- in default to suffer additional imprisonment for 20 days 323/149 of IPC 1 year RI with fine of Rs.200/-

in default to suffer additional imprisonment for 3 days 148 of IPC 2 years' RI with fine of Rs.300/- in default to suffer additional imprisonment for 5 days.

4 Siyaram 325 of the IPC 5 years' RI with fine of (on two counts) Rs.5000/- in default to suffer additional imprisonment for 20 days on each count.

323/149 of IPC 1 year RI with fine of Rs.200/-

in default to suffer additional imprisonment for 3 days 148 of IPC 2 years' RI with fine of Rs.300/- in default to suffer additional imprisonment for 5 days.

6. Asharam 325 of the IPC 5 years RI with fine of Rs.5000/- in default to suffer additional imprisonment for 20 days 325/149 of IPC 5 years RI with fine of Rs.5000/- in default to suffer additional imprisonment for 20 days 323/149 of IPC 1 year RI with fine of Rs.200/-

in default to suffer additional imprisonment for 3 days 148 of IPC 2 years' RI with fine of

Rs.300/- in default to suffer additional imprisonment for 5 days.

7. Chandrapal 325 of the IPC 5 years RI with fine of Singh Rs.5000/- in default to suffer additional imprisonment for 20 days 325/149 of IPC 5 years RI with fine of Rs.5000/- in default to suffer additional imprisonment for 20 days 323/149 of IPC 1 year RI with fine of Rs.200/-

in default to suffer additional imprisonment for 3 days 148 of IPC 2 years' RI with fine of Rs.300/- in default to suffer additional imprisonment for 5 days.

Appellants Asharam and Chandrapal have suffered jail

incarceration for about one year, while appellants Kilol Singh and

Siyaram have been in jail for more than one year.

Learned counsel for appellants while taking exception to

the impugned judgment submits that the Sessions Court has not

appreciated the evidence placed on record in correct perspective.

The appellants have remained on bail during trial and have not

misused the liberty so granted. The appeal is of the year 2022 and

there is no likelihood of early hearing of this appeal in the near

future. Under such circumstance, learned counsel prays for

suspension of sentence and grant of bail on behalf of appellants.

Per contra, learned counsel for the respondent-State

opposed the application supporting the impugned judgment.

Upon hearing learned counsel for the rival parties, without

commenting upon the contentions so advanced touching the

merits of the case, but regard being had to the fact that appellants

have suffered about one year of jail incarceration and also looking

to the fact that final hearing of appeal will take time, therefore,

custodial sentences of the appellants deserve to be suspended

during pendency of the present appeal.

Accordingly, it is directed that the custodial sentences of

each one of the appellants namely Kilol Singh, Asharam,

Chandrapal and Siyaram shall remain suspended during

pendency of the present appeal and he shall be released on bail

subject to depositing the fine amount, if not already deposited,

and on furnishing a personal bond in the sum of Rs.1,00,000/-

(Rupees One Lac only) with one solvent surety in the like

amount to the satisfaction of the Trial Court. The aforesaid

appellants are directed to appear before the Registry of this Court

on 24/02/2023 and on other subsequent dates as may be fixed in

this behalf by the Registry of this Court.

Accordingly, the I.A. stands allowed and disposed of.

Certified copy as per rules.

List the case for final hearing in due course.

(Rohit Arya) V. Judge

(and) ANAND SHRIVASTAV A 2022.12.29 16:21:25 +05'30'