Madhya Pradesh High Court
Kamod Singh vs The State Of Madhya Pradesh on 16 August, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 10157 of 2023
(KAMOD SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 16-08-2023
Shri Ashok Kumar Ahirwar - Advocate for the appellants.
Shri Prabhat Pateriya - 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. 14764/2023, an application under Section 389 of
Cr.P.C. moved on behalf of the appellants seeking suspension of sentence and
grant of bail and I.A.No.15053/2023, first application under Section 389(1) of
CrPC moved on behalf of the appellants seeking suspension of sentence and
grant of bail.
Appellant No.2-Pulandar @ Pulendra Jatav and appellant No.3- Hem
Singh @ Hemu @ Chintoli Jatav stand convicted under Section 25 (1-[k) (d) of
Arms Act and sentenced to undergo two years RI with fine of Rs. 2,000/- with
default stipulation and appellant No.1- Kammod Singh stands convicted under
Section 30 of Arms Act and sentenced to undergo three months RI within fine
of Rs.500/- with default stipulation vide judgment of conviction and sentence
dated 26.07.2023 passed by XIIth Additional Sessions Judge, Gwalior in
Session Trial No.643/2021.
Learned Counsel for appellants submits that the impugned judgment
passed by learned trial Court is based on assumption, conjecture and surmises.
The learned Trial Court has committed an error in convicting and sentencing
the present appellants without appreciating the prosecution evidence properly.
There are material contractions and omissions in the evidence of witnesses.
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 17-08-2023
12:11:00 PM
The appellants were on bail during trial and they did not misuse the liberty so
granted to them. Fine amount has already been deposited by the appellants. The
jail sentences of appellants were suspended by learned trial Court, under
Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in
n e a r future. On these grounds, learned Counsel prays that execution of
remaining jail sentence of appellants may be suspended and they may be
enlarged on bail.
Per contra, learned Counsel for respondent State opposed the
application and prayed for its rejection. He contends that appellants are
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
applications deserve to be allowed. It is, accordingly directed that execution of
remaining jail sentence of appellants shall remain suspended during pendency of
this appeal and they 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 each in the like amount to the satisfaction of Trial Court and
also subject to deposit of the fine amount (if not already deposited) for their
appearance before the Registry of this Court on 31/10/2023 and on further
dates as may be directed by the Registry in that regard.
Accordingly, I.A.No.14764/2023 and I.A.No.15053/2023 stand
allowed and disposed of.
Call for the record of the Court below.
List in due course.
Certified copy as per rules.
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 17-08-2023
12:11:00 PM
(SANJEEV S KALGAONKAR)
JUDGE
Monika
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 17-08-2023
12:11:00 PM
