Kalu @ Tent @ Manish vs The State Of Madhya Pradesh
2022 Latest Caselaw 3692 MP

1                           Cr.A.No.2532/2019
                  (Kalu @ Tent @ Manish Vs. State of M.P.)

Indore : Dated 15.3.2022
       Shri A.K.Saxena, learned counsel for the appellant.
       Shri Rajesh Joshi, learned Govt.Advocate for the respondent/State.

Heard on I.A.No.29996/2021, fourth application for suspension of sentence and grant of bail to appellant.

The earlier three applications for grant of suspension filed on behalf of the appellant were dismissed as withdrawn.

The trial Court has convicted the appellant under Section 307 of IPC and sentenced to undergo ten-ten years' RI with fine of Rs.5,000- 5,000/-, under Section 25 of the Arms Act and sentenced to under three- three years' RI with fine of Rs.1,000-1,000/- and under Section 27 of the Arms Act and sentenced to undergo five-five years' RI with fine of Rs.2,000-3,000/-, with default stipulation vide judgment of conviction and order of sentence dated 7.5.2018 passed by Addl.Sessions Judge, Dhar, District Dhar in S.T. No.142/2014.

Prosecution story, in brief, is that on 17.2.2014 at about 15.00 PM when complainant Rahul Rathore was going on his motorcycle bearing registration No.MP-11-MK-1383, appellant alongwith other co-accused person in furtherance of their common intention to commit murder of the complainant assaulted him with fire arm and caused gun shot injury to him.

Learned counsel for the appellant submits that appellant alongwith other co-accused Sonu @ Vikas were convicted and sentenced, while on the same set of evidence other four accused persons have been acquitted in the matter. Appellant and complainant have entered into a compromise and settled their dispute amicably. Appellant is in custody since 24.2.2018 and has suffered more than half of the sentence awarded to him. Complainant has no objection for suspending the jail sentence of the appellant. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

(Kalu @ Tent @ Manish Vs. State of M.P.)

Learned counsel appearing for the respondent/State has opposed the prayer.

Considering the rival submissions, statements of the prosecution witnesses, period of sentence already suffered by the appellant and also other facts and circumstances of the case and there is no likelihood of hearing of appeal in near future, without expressing any opinion on merits of the matter I.A.No.29996/2021 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 09.05.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.29996/2021 is allowed.

List in due course for final hearing.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.03.16 10:44:19 +05'30'