Madhya Pradesh High Court
Kalla vs The State Of Madhya Pradesh on 16 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 760 of 2014
(KALLA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 16-08-2023
Shri Ashok Jain- Advocate for the appellants.
Shri A.P.S. Tomar- Public Prosecutor for respondent/State.
Heard o n I.A. No.14907 of 2023, which is sixth repeat application
under Section 389(1) of Cr.P.C. moved on behalf of appellant No.2 -
Omprakash seeking suspension of sentence and grant of bail. All earlier
applications moved on behalf of appellant No.2 Omprakash are dismissed as
withdrawn.
Appellant- Omprakash stood convicted under Section 302/34 IPC and
sentenced to undergo imprisonment for life with a fine of Rs.3,000/- with
default stipulation vide judgment of conviction and order of sentence dated
17.05.2014 passed by I Additional Sessions Judge, Mungaoli, District Ashok
Nagar (M.P.) in Sessions Trial No.178/2011.
Co-accused Rabudi bai has been extended the benefit of suspension of
sentence and grant of bail vide order dated 20.06.2016 (IA.3603/2016), co-
accused Kalla on 04.07.2023 (IA.11151/2023) (in Criminal Appeal No.760 of
2014) and Co-accused Munnal Lal has also been extended the benefit of
suspension of sentence and grant of bail vide order dated 11.07.2023
(IA.12343/2023) in Criminal Appeal No.121 of 2016.
Present appellant has so far undergone incarceration of 10 years and 06
months.
A s per prosecution story, co-accused Kalla had love affair with one
Rajbai daughter of Shrilal (for brevity "the deceased"). The deceased had
taken strong exception thereto and as a result objected to such relationship.
Despite that Rajbai and Kalla used to meet. In the aforesaid backdrop, co-
accused persons Munnalal and others had developed animosity with the
deceased. On the fateful day i.e. on 26.08.2011 in the evening at about 06 when
the deceased was going on motorcycle from Piparai to his village Karr, he was
intercepted near the school in village Karr by Munnalal armed with lathi, Kalla
with iron rod, present appellant Omprakash with farsa and Rabudi Bai with
wooden stick. They started hurling abuses and assaulting the deceased
indiscriminately, as a result whereof the deceased fell down on the ground and
died homicidal death. On such allegations, FIR was lodged. Upon completion
of investigation, challan was filed and thereafter, the case was committed for
trial to the Sessions Court. The Sessions Court upon critical evaluation of the
evidence placed on record convicted and sentenced the appellant as referred
above.
Learned counsel for the appellant while taking exception to the impugned
judgment of conviction and order of sentence, inter alia, raised following
grounds for suspension of sentence and grant of bail to present appellant:-
1. That appellant has already suffered incarceration of 10 years and 06
months; and
2. Co-accused Rabudi bai who allegedly was armed with wooden stick
and had assaulted the deceased on different parts of his body vide order dated
20.06.2016 and co-accused Kalla allegedly wielding iron rod at the time of
incident and assaulted the deceased on his head, vide order dated 04.07.2023
(in Criminal Appeal No.760 of 2014) and co-accused Munnal Lal assaulted the
deceased with lathi on his hand and leg vide order dated 11.07.2023 have
already been extended the benefit of suspension of sentence and grant of bail.
Thus, on both the grounds i.e. long incarceration as well as on the ground of
parity, learned counsel for the appellant prays that the present appellant in the
instant appeal may also be extended the benefit of suspension of sentence and
grant of bail.
Per contra, Shri Tomar- learned Public Prosecutor opposes the
application supporting the judgment impugned with submission that the present
appellant and the other co-accused with common intention and motive had not
only intercepted the deceased but also assaulted him indiscriminately resulting
into his homicidal death. Learned counsel for the State further submits that
present appellant inflicted farsa blow on the head of the deceased as a result of
which deceased died. Moreso, the impugned judgment of conviction and order
of sentence is based on critical evaluation of the evidence available on record
and hence, no exception can be taken in the matter of suspension of sentence
and grant of bail to the appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions touching merits of the matter, regard
being had to the fact that present appellant has suffered long incarceration of 10
years and 6 months as aforesaid and since co-accused Rabudi bai vide order
dated 20.06.2016, co-accused Kalla vide order dated 04.07.2023 (in Criminal
Appeal No.760 of 2014) and co-accused Munnal Lal vide order dated
11.07.2023 have been extended the benefit of suspension of sentence and grant
of bail, the application deserves to be allowed.
Accordingly, it is directed that the jail sentence of appellant shall remain
suspended and he shall be released on bail, subject to verification of amount of
fine being deposited and on his furnishing a personal bond in the sum of
Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like
amount to the satisfaction of the Trial Court. Appellant is directed to appear
before the Registry of this Court first on 09/10/2023 and on other subsequent
dates as may be fixed by the Office in this behalf.
Accordingly, IA No.14907 /2023 stands allowed and disposed of.
It is made clear that observations on facts, if any, are only for the
purpose of disposal of the application for suspension of sentence and shall
have no hearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
Avi
ABDUR Digitally signed by ABDUR RAHMAN
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
RAHM
OF MADHYA PRADESH BENCH GWALIOR,
postalCode=474001, st=Madhya Pradesh,
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4e1bc26d2b510cc133f1b56faa63e77b,
pseudonym=352E5BC6169A1C65270B76C8214
AD91A9A2E28EB,
serialNumber=1B0EA1B496C965067285A628B8
AN
1AE07B60D342048B7853E6108263F1DDCC0F50
, cn=ABDUR RAHMAN
Date: 2023.08.17 13:43:04 +05'30'
