Pahalwan Kataria vs The State Of Madhya Pradesh
2022 Latest Caselaw 1037 MP

                                     1              CRA.No.2993/2021

           THE HIGH COURT OF MADHYA PRADESH
                       Criminal Appeal No.2993/2021
           (Pahalwan Kataria & Others Vs. State of M.P.)

Gwalior, dated : 21.01.2022

       Shri D.S. Raghuvanshi,, learned counsel for the appellant.

       Shri   Vijay      Sundaram,       learned   Panel   Lawyer   for   the

respondent/State.

Heard through video conferencing.

Heard on I.A.No.29994/2021, second application for suspension of

sentence filed on behalf of the appellant No.4-Babulal @ Babbu

Kataria.

The appellant No.4 has been convicted under Section 302/149 of

IPC and sentenced to life imprisonment with fine of Rs.500/- and Section

147 of IPC and sentenced to one month R.I. With fine of Rs.100/- with

default stipulation.

It is the submission of learned counsel for the appellants that the

Trial Court erred in convicting the appellant No.4 and awarding the jail

sentence as referred above. The deceased sustained single blow over his

head which was grievous in nature which caused his death. The only

source of implication against appellant No.4 is his presence and he did not

use any weapon to inflict any injury over the person of deceased. Beside

that, appellant No.4 is an old aged man touching more than 70 years of

age and he is in twilight zone of his life. He was on bail during the trial

and he has deposited the fine amount. He has good case on merits.

Hearing of appeal shall take some time to conclude. Under these

circumstances, he seeks suspension of sentence.

Learned Panel Lawyer for the State opposed the prayer for

suspension of sentence. While supporting the impugned judgment, he

prayed for rejection of the application for suspension of sentence.

Heard learned counsel for the parties and record perused.

Considering the submissions and specially looking to the age of

appellant No.4, without commenting on the merits of the case as there is

no possibility of early hearing of this criminal appeal before this Court,

I.A.29994/2021 is allowed on furnishing personal bond of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like

amount to the satisfaction of the concerned trial Court, jail sentence of

appellant No.4 shall remain suspended till disposal of this appeal and

appellant No.4 be released on bail. The appellant No.4 is further directed

to remain present before the Registry of this Court on 10.05.2022 and,

thereafter, on such subsequent dates as may be fixed by the Registry,

which shall not be less than six months.

I.A. No29994/2021 stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

                (Anand Pathak)                                       (G.S. Ahluwalia)
                   Judge                                                 Judge


Aman

 AMAN TIWARI
 2022.01.22
 16:05:45 +05'30'