Sukhchain Kol @ Chhotu Kol vs The State Of Madhya Pradesh
2022 Latest Caselaw 1063 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 2173 of 2011
     (SUKHCHAIN KOL @ CHHOTU KOL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 21-01-2022
      Heard through Video Conferencing.

      Mr.Yogesh Mohan Tiwari, learned counsel for the appellants.
      Mr.S.K.Kashyap,       learned     Government      Advocate      for     the
respondent/State.

Considered I.A.No.21082/2021, which is first application under section 389(1) of the Code of Criminal Procedure for suspension of sentence and

grant of bail on behalf of appellant No.3-Lal Bahadur Singh @ Betu.

By the impugned judgment dated 19.7.2011 passed by Fifth Additional Sessions Judge and Special Judge, M.P. Dacoity and Vyapharan Prabhavit Kshetra Adhiniyam, Satna in Sessions Trial No.91/2009 the appellant No3/applicant has been convicted under section 148, 395 & 396 of Indian Penal Code and section 13-A/11 of M.P. Dacoity and Vyapharan Prabhavit Kshetra Adhiniyam and sentenced to undergo R.I. for 1 year, 7 years & R.I. for Life and R.I. for 3 years with fine of Nil, Rs.5,000/- & Rs.5000/- and Rs.1000/- respectively with default stipulations.

Learned counsel for the applicant/appellant No.3 submitted that applicant is innocent and has been falsely implicated in the crime in question. The trial Court has passed the impugned judgment without properly appreciating the oral and documentary evidence available on record. The appellant ought to have been acquitted by giving the benefit of doubt. PW.22 has not put the appellant for identification parade. Kailash (PW.17) and Laxman Prasad Choudhary (PW.18) have not supported the prosecution case. Prosecution has erroneously believed statements of Ramvishal (PW.7), Gyanwati (PW.9), Ram Prakash (PW.10), Meena Bai (PW.11), Kashi Prasad (PW.12), Bulli Bai (PW.13) & Pankaj Kumar (PW.14). These witnesses have not identified the applicant. The articles seized have not been produced before the Court. The appellant No.3/applicant is in jail since 19.7.2011. The

jail sentence of co-accused persons, namely, Mithlesh Singh @ Kuttu Singh Gond and Rajkumar @ Beta Singh have already been suspended and they have been released on bail by orders dated 18.3.2016 and 06.8.2019 passed in Cr.A.No.2404/2011. The final disposal of appeal would take considerable time.

Learned Government Advocate has opposed the prayer for suspension

of sentence.

Considering the over all facts and circumstances of the case; co- accused, namely, Mithlesh Singh @ Kuttu Singh Gond and Rajkumar @ Beta Singh Gond have already been released on bail vide order dated 18.3.2016 & 06.8.2019 passed in Cr.A.No.2404/2011; principles of parity; applicant/appellant No.3 is in custody since 19.7.2011; and final disposal of this appeal would take considerable time, without commenting on merits of the case, the application for suspension of sentence is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant No.3/applicant namely, Lal Bahadur Singh @ Betu shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant No.3/applicant shall appear before the concerned trial Court on 22.06.2022 and on all such subsequent dates, as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

                                          (SUJOY PAUL)                                       (SMT. ANJULI PALO)
                                             JUDGE                                                 JUDGE

                                     RM




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Digitally signed by RAJESH MAMTANI
Date: 2022.01.21 18:45:23 IST