Kallu vs The State Of Madhya Pradesh
2023 Latest Caselaw 12920 MP

                                                             1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR


                                           CRA No. 5310 of 2023
                           (KALLU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                       Gwalior dated 9.8.2023
                              Shri Rajkumar      Singh Kushwah, learned counsel for the
                       appellants.
                              Shri Rajiv Upadhyay, learned Public Prosecutor for the
                       respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.13071/2023, 1st application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant

No.7- Nandkishore and IA.No.14095/2023, 1st application u/Sec. 389(1)

of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant No.3- Ramlakhan.

This criminal appeal assails the judgment dated 17.1.2023 passed

by the Additional Sessions Judge, Raghogarh, Distt. Guna, in

S.T.No.71/2019, whereby appellants have convicted under Sections 148,

302/149 and 323/149 (on two counts) of IPC and sentenced to undergo

1 year RI with fine of Rs.1,000/-, life imprisonment with fine of

Rs.2,000/- and six months RI with fine of Rs.500/- on each count. Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 10-08-2023 10:18:29 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

Prosecution case in brief is that Bablu & Raju were taking Komal

Singh, father of the complainant, to Maksudangarh on motorcycle for

treatment. Near river on account of old enmity accused Malkhan Singh,

Ramraj, Gudda @ Nandkishore (appellant), Ramlakhan (appellant),

Bablu, Kallu and Sitthalya came out from the bushes carrying Lathi &

Farsa, stopped the motorcycle and started attacking on them with Lathi

& Farsa with intention to kill them. Ramraj inflicted Lathi blow on the

head of Bablu and Ramlakhan inflicted Farsi blow on the head of Bablu,

as a result of which along with the motorcycle they fell down.

Thereafter all of them beat them with Lathi and Farsi, due to which

Bablu and Raju suffered injuries on their head and leg. Ramraj inflicted

Lathi blow on the chest of Komal Singh, as a result of which he died on

the spot. When complainant, who was watering nearby field, came to

save, accused Gudda inflicted Lathi blow to him, due to which he

suffered injury on his right shoulder.

It is submitted by learned counsel for the appellants that co-

appellants Malkhan Yadav, Bablu Yadav, Sithilia @ Awadhraj Yadav and Signature Not Verified Signed by: MADHU SOODAN PRASAD Kallu Yadav have been granted suspension of sentence by this Court Signing time: 10-08-2023 10:18:29 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

vide order dated 25.7.2023 and the case of present appellants is similar

to that of aforesaid co-appellants. There is no specific allegation against

the appellants of causing injury to deceased Komal Singh. During trial,

appellant Nandkishore remained in custody for 38 days and appellant

Ramlakhan remained in custody for 132 days and thereafter from the

date of judgment i.e. 17.1.2023 they are in custody. They have a good

case on merits. Final hearing of the appeal will take time. On such

premises, learned counsel for the appellants prayed for bail.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.Nos. 13071/2023 &

14095/2023 are allowed and it is directed that jail sentence of appellant

7- Nandkishore @ Gudda and appellant 3- Ramlakhan will remain

under suspension subject to verification that the amount of fine has been

deposited, on appellants' furnishing bail bond of Rs.50,000/- (Rupees

Fifty Thousand Only) each with one solvent surety each of the like Signature Not Verified Signed by: MADHU SOODAN PRASAD amount to the satisfaction of concerned Trial Court for their appearance Signing time: 10-08-2023 10:18:29 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

before the Principal Registrar of this Court on 18th December, 2023 and

thereafter on such further dates as may be fixed by the office of this

Court in this regard till disposal of the appeal.

C.c. as per rules.

                             (Rohit Arya)                          (Deepak Kumar Agarwal)
                                Judge                                     Judge
             ms/-




Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 10-08-2023
10:18:29 AM