Kutko @ Kunwar Raj vs State Of M.P.
2022 Latest Caselaw 12325 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 619 of 2010
                        (KUTKO @ KUNWAR RAJ Vs STATE OF M.P.)

Dated : 15-09-2022
      Shri S.S. Dhakad, learned counsel for the appellant.

      Shri    Naval    Kishore     Gupta,     learned    Public   Prosecutor    for
respondent/State.

IA.18966/2020, an application for suspension of sentence and grant of bail moved on behalf of appellant Kutko @ Kunwar Raj has been allowed by this Court on 02.11.2020; however, appellant so far could not reap the fruits of

suspension of sentence as due to poor financial condition neither he has been able to furnish bail bonds nor deposited the fine amount of Rs.25,000/- as awarded by the Trial Court i.e. I Additional Sessions Judge, Ashok Nagar (M.P.) under the impugned judgment of conviction and order of sentence dated 21.06.2010 rendered in ST No.228/2009.

The instant IA (IA.14183/2022) has been filed for two-fold relief, namely: first to provide a fresh date of appearance in the Registry of this Court after bail is furnished and secondly to allow the appellant to make payment of fine amount in equal monthly installments after release from the jail. Learned counsel

submits that this Court may also consider that so far the appellant has undergone jail sentence of 13 years.

In the obtaining facts and circumstances, Shri Gupta, learned Public Prosecutor has no objection.

Upon hearing learned counsel for both the parties, we allow IA.14183/2022. While this Court maintains the bail amount mentioned in the order dated 02.11.2020 (supra); however, provides a date for appearance of the

appellant before the Registry of this Court i.e. first on 28.11.2022 whereafter, the appellant shall continue to appear before the Registry of this Court on the dates so fixed till final disposal of the present appeal. Besides, the fine amount may be deposited by the appellant after release in 10 equal monthly installments before the learned Trial Court on every 10th of the succeeding month.

(ROHIT ARYA) (MILIND RAMESH PHADKE) JUDGE JUDGE

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PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

DHARK GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=5da1b3ce5c6aee672b1f51a5cff566 1c113046ab7ebb8031c36dcac4472c040a, pseudonym=22FE9CB9F7CF0345E7FFAC90 31E38DF6A29B4C10,

AR serialNumber=C72B9531562BC6028F5D6E4 2E82477C85878470B30E4A7672CCA523E83 C0BCB9, cn=PAWAN DHARKAR Date: 2022.09.16 19:47:54 +05'30'