Balram @ Kalua vs The State Of Madhya Pradesh
2023 Latest Caselaw 12619 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                           CRA No. 4979 of 2023
                 (BALRAM @ KALUA Vs THE STATE OF MADHYA PRADESH)

Dated : 04-08-2023
      Shri Anil Khare - Senior Advocate with Shri Priyank Agrawal -

Advocate for appellant.
      Shri Ritwik Parashar - Public Prosecutor for respondents.

Heard on I.A. No. 8962 of 2023, an application for suspension of sentence and grant of bail filed on behalf of appellant - Balram @ Kalua.

The case of the prosecution is that on 17.04.2017 at about 12:00 midnight, the complainant picked up Kalua Rathore from Murli Ka Dhaba and went to drop him at Kohka in the motorcycle of Neeraj. While he was returning and was near the Ghanghat School, he saw the deceased standing beside the road. That, he saw one white-coloured Bolero (without number) was coming from Amarkantak side which was being driven by co-accused Chutku Rathore. The instant accused namely; Balram @ Kalua was sitting beside him in the vehicle. Chutku Rathore drove the vehicle in a very rash and negligent manner collided with the deceased due to which the deceased fell on the ground.

Thereafter the vehicle took a turn around and again went over him a number of times. Thereafter the complaint was lodged and an FIR was registered for an offence under Section 304-A of the IPC. During the course of investigation, the same was modified to Sections 304, 302, 201, 120-B and 34 of the IPC. On trial, the accused was convicted under Section 302 read with Section 120-B of the IPC and sentenced to imprisonment for life and fine of Rs.5000/-with default stipulation as mentioned in the impugned judgment.

The instant application is filed by accused No.2 Balram @ Kalua.

The learned senior counsel appearing for the appellant's counsel contends that even if the entire case of the prosecution is to be accepted, he was not driving the vehicle in question. He was sitting next to the driver. Therefore, if at all, any act has been committed, it is only by the driver of the vehicle and not by him. Therefore, even if the entire case of the prosecution is accepted, he would be liable for punishment only under Section 120-B of the IPC.

The same is disputed by the learned Public Prosecutor. He contends that there is sufficient material to indicate that there was a conspiracy hatched by this accused along with the other accused to commit the death of the deceased.

That there is sufficient material to indicate that it was a planned murder.

However, on hearing the learned counsels, we are of the considered view that the appellant is entitled to be released on bail. The case of the prosecution is that the deceased succumbed to the injuries due to the accident by the vehicle in question. There is also a dispute as to whether it is the particular vehicle named in the complaint or any other vehicle.

Be that as it may, the death of the deceased occurred due to the vehicle. The vehicle was being driven by co-accused Chutku Rathore. The present appellant, namely, Balram @ Kalua was only sitting in the vehicle. Therefore, prima facie, we are of the view that so far as this appellant is concerned, there is sufficient ground to enlarge him on bail. Furthermore, the appellant was on bail for a limited period by the order of the trial court and thereafter was taken into custody after the impugned judgment was passed.

For all these reasons, the application (I.A. No.8962 of 2023) filed by accused/appellant-Balram alias Kalua is allowed.

Accused/appellant - Balram alias Kalua is enlarged on bail, if he is not

required in any other offence, subject to he depositing the fine amount and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court on 06.11.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

I.A. No.8962 of 2023 is disposed off.

                               (RAVI MALIMATH)                                 (VISHAL MISHRA)
                                 CHIEF JUSTICE                                      JUDGE

                    MSP



Digitally signed by MANVENDRA
SINGH PARIHAR
Date: 2023.08.04 17:34:53 +05'30'