Kamal Kishore vs The State Of Madhya Pradesh
2022 Latest Caselaw 7876 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                                CRA No. 1505 of 2022
                 (KAMAL KISHORE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 15-06-2022
       Shri Mahavir Pathak, learned counsel for the appellants.

       Shri Sushant Tiwari, learned Public Prosecutor for the respondent-State.

Heard on I.A. No. 5301 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant No.2-Deepak Koli.

This Criminal Appeal assails the judgment dated 21.01.2022 passed in

ST No.105 /2015 by Seventeenth Additional Sessions Judge, Gwalior (M.P.) whereby, appellant stands convicted under Section 307/34 of the IPC and sentenced him to undergo 5 years RI with a fine of Rs.5,000/-, with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant No.2 without proper appreciation of facts of the case. He further submits that the injury caused to the complainant/injured is not inflicted by appellant No.2. He further submits that on account of previous enmity, the appellant has been implicated in this case which is evident from the

statement of Omkar (PW-2) who is brother of the injured. He further submits that nothing has been recovered from the possession of the appellant. The appellant No.2 was on bail during trial and he has not misused the liberty so granted to him. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant No.2.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No. 5301 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No.2 shall remain suspended and he be released on bail. The appellant No.2 is further directed to mark his appearance before the Office of this Court on 12/07/2022 and on subsequent

dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

bj/-

BARKHA SHARMA 2022.06.1 6 10:19:57 +05'30'