Kalu vs The State Of Madhya Pradesh
2022 Latest Caselaw 8178 MP

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       IN THE HIGH COURT OF MADHYA PRADESH
                      AT INDORE
             Criminal Appeal No.7967 of 2018
  (KALU & OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated :21-06-2022
       Shri Ashish Gupta, learned counsel for the appellant no.1.
       Shri Bhaskar Agrawal, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.4429/2022, First application filed under section 389 (1) of the Cr.P.C.,1973 on behalf of appellant no.1- Kalu seeking suspension of jail sentence inter alia on the ground that he is in custody since 24.06.2016 and other co-accused persons have been granted the benefit of suspension of jail sentence.

The appellant has been convicted and sentenced by the learned Additional Sessions Judge, Dharampuri, District Dhar (M.P.) in Sessions Trial No.200417/2016 vide judgment dated 26.09.2018 as under:-

 Offence U/s     Sentence     Fine    amount Imprisonment in lieu of
                 Awarded      (Rs.)          fine amount
 302/34 of IPC   Life         Rs.2,000/-     6 months R.I.
                 Imprisonment

As per prosecution story, appellant's wife Varsha went missing and he had a suspicion that deceased Nirmal has eloped her. He went to the house of Nirmal along with other co-accused and assaulted him by means of stick thereafter, on the next day dead body of Nirmal was found. As per postmortem report there was swelling at seven places on the body of deceased and as per doctor's opinion he was died due to rupture of spleen.

Learned counsel for the appellant submits that jail sentence of other co-accused person were suspended and there are omnibus allegations against all the accused persons for causing injuries to the deceased. Appellant is in jail since 24.06.2016. He has no

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criminal past. This appeal is not likely to come up for final hearing in near future therefore, prays has been made for suspension of jail sentence of the appellant.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of jail sentence.

Keeping in view the period of custody and to the fact that the allegations against the appellant no.1 Kalu and co-accused Bhuria are same. Co-accused Bhuria has already been granted the benefit of suspension of jail sentence therefore, the jail sentence of the appellant deserves to be allowed.

Accordingly, I.A. No.4429/2022 is allowed. The execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant-Kalu be released on bail subject to depositing fine amount, if already not deposited, and on their furnishing a personal bond of sum of Rs.50,000/-(Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 19.12.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List this matter for final hearing in due course. I.A. No.4429/2022 stands disposed of.

Certified copy as per rules.

          (VIVEK RUSIA)                                             (AMAR NATH (KESHARWANI))
              JUDGE                                                           JUDGE
Ajit/-




         AJIT

Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001,

KAMALASA st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241 effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE90 1C09EF29,

NAN serialNumber=7F0BEE2D78BD57DA058F3247441C87E 7E0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.06.23 10:57:24 +05'30'