Kan Singh Sardar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13407 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                               CRA-7017-2021

        (KAN SINGH SARDAR Vs . STATE OF MADHYA PRADESH)

DATED:- 17-08-2023

      Shri Rajmani Bansal- Advocate for the appellant.
      Shri Rajesh Kumar Shukla - Additional Advocate General for the
respondent/State.

Shri Rinku Shakya- Advocate for the complainant. Per Justice Deepak Kumar Agarwal:

Heard on I.A. No.11017/2023, 4th application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant- Kan Singh Sardar after dismissal of earlier one as withdrawn with liberty to revive his prayer after three months.

This criminal appeal assails the judgment dated 09/11/2021 passed in S.T. No.400081/2016 by learned Session Judge, Sheopur District- Sheopur (M.P.), whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

326/307 of IPC Ten Years R.I. 1,00,000/- 6 Months RI Prosecution story is that on 14.03.2016 at about 6 pm complainant Balveer Singh after throwing out stray cattle from his field, reached Toti Bus Stand. At that time, Kaan Singh, Gurveer Singh and Balwant Singh came there and due to previous enmity started abusing him with filthy languages. When he objected, Kaan Singh assaulted the complainant by means of sword which hit on his head due to which blood started oozing out. Thereafter Kaan Singh again assaulted him with sword which hit on his right hand. Thereafter accused Gurveer Singh assaulted him with sword which hit on the left side of

his chest. Gurveer Singh again assaulted him with sword which hit on right side of his leg. Thereafter Balvant Singh assaulted him with kick and fist blows. When he cried, Gurutej Singh and Gurupej Singh came there. They saved him. Accused Kaan Singh threatened him with dire consequences. On his information, crime No. 47/2016 was registered. Injured was sent for medical examination. On the basis of medical and MRI report, offence punishable under Section 307, 326 of IPC was enhanced. Appellant Balvant Singh and Kaan Singh were arrested. Statements of witnesses were recorded. After completion of investigation, charge-sheet has been submitted. After conclusion of trial, trial Court convicted the appellant for the offence as mentioned above.

Learned counsel for the appellant submits that appellant has been falsely implicated in this case and he has been wrongly convicted by the learned trial Court. Appellant has suffered about two years of incarceration and he is the permanent resident of District- Sheopur (M.P.) and there are fair chances of success of this appeal. Fine amount has already been deposited by the appellant. Final hearing of the case will take time. The appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of jail sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties, IA No.11017/2023 is allowed. It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 14th of

December, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

I.A. No.11017/2023 stands allowed and disposed of. The appellant shall mark his presence before concerned Police Station once in every fortnight.

Certified copy as per rules.

                                                  (ROHIT ARYA)                              (DEEPAK KUMAR AGARWAL)
                                                     JUDGE                                          JUDGE

RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA

rahul PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

SINGH postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da4606840 3462fdf82ab676d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3 D9FE728CE00D487,

PARIHAR serialNumber=0275C4F803F94C47998BE5C5 34E21BDED910FD4AB9D159B55575E814D05 B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.08.18 11:44:59 +05'30'