Madhya Pradesh High Court
Kamalkishor vs The State Of Madhya Pradesh on 4 August, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8514 of 2023
(KAMALKISHOR Vs THE STATE OF MADHYA PRADESH)
Dated : 04-08-2023
Shri Kamlesh Kumar Kori- Advocate for the appellant.
Shri R.K. Awasthi - learned Public Prosecutor for the respondent-
State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No. 12125/2023, first application under Section
389(1) Cr. P.C. moved on behalf of the appellant seeking suspension of
sentence and grant of bail.
Appellant stands convicted under Section 420 of IPC and sentenced to
undergo four years' RI with fine of Rs.2000/, under Section 467/120(kha) of
IPC and sentenced to undergo four years' RI with fine of Rs.2000/ and under
Section 468/120(kha) of IPC and sentenced to undergo four years' RI with fine
of Rs.2000/- with default stipulation vide judgment of conviction and sentence
dated 27.06.2023 passed by Second Additional Sessions Judge, Sewda
District Datia in Session Trial No. 100080/2013.
Learned Counsel for appellant submits that appellant is falsely implicated
in this matter. Civil dispute has been given colour of criminal nature. Learned
counsel submits that appellant has already undergone more two years
incarceration during trial. He is still in jail. The learned Trial Court has
committed an error in convicting and sentencing the present appellant without
appreciating the prosecution evidence properly. There are material contractions
and omissions in the evidence of witnesses. There is no likelihood of hearing
of appeal in near future. On these grounds, learned Counsel prays that
execution of remaining jail sentence of appellant may be suspended and he may
be enlarged on bail.
Per contra, learned Counsel for respondent State opposed the
application and prayed for its rejection. He contends that appellant is convicted
on proper appreciation of evidence. No case is made out for suspension of
sentence.
Upon hearing learned Counsel for the parties but without commenting
upon rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly directed that execution of
remaining jail sentence of appellant shall remain suspended during pendency of
this appeal and he shall be enlarged on bail subject to furnishing personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one
solvent surety in the like amount to the satisfaction of Trial Court and also
subject to deposit of the fine amount (if not already deposited) for his
appearance before the Registry of this Court on 11/10/2023 and on further
dates as may be directed by the Registry in that regard.
Accordingly, I.A. No.12125/2023 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Prachi
PRACHI
MISHRA
2023.08.05
10:24:34
+05'30'
