Madhya Pradesh High Court
Kalla @ Brajesh vs The State Of Madhya Pradesh Thr on 6 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1216 of 2015
(KALLA @ BRAJESH Vs THE STATE OF MADHYA PRADESH THR)
Dated : 06-12-2023
Shri A.K. Jain - Advocate for the appellant.
Shri Rajesh Shukla - Additional Advocate General for the respondent-
State.
Heard on I.A.No.20586 of 2023, fourth repeat application under
Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved
on behalf of the appellant. His earlier application were dismissed as withdrawn.
Appellant stands convicted under Section 302 of IPC and sentenced to
undergo Life Imprisonment with fine of Rs.500/- with default stipulation vide
judgment of conviction and order of sentence dated 04-09-2015 passed by IIIrd
Additional Sessions Judge, Shivpuri in Sessions Case No.265 of 2013.
As per the report received from the Superintendent of Central Jail,
Gwalior on 02-11-2023 under the Right to Information Act, appellant so far has
undergone 10 years, 05 months and 28 days without remission and 14 years and
07 days with remission.
As per the prosecution story, on 15-04-2012 at about 8.30 in the night,
complainant (PW-1) Kalla Dhakad came to the house of deceased Sunil Dhakad
and taken Sunil with him and after sometime Ranu (PW-5) came to
complainant's house and told that Kalla Dhakad with intention to kill Sunil
poured Kerosene on the hut of the deceased Sunil and set ablaze by which
deceased Sunil who was inside the hut got burnt. Thereafter complainant
alongwith Ranu rushed to the hospital at Badarbas and admitted the deceased
in burning condition in the hospital where initially FIR was jotted down by
Ashok Dubey Head Constable (PW-8). Deceased was medically examined and
his dying declaration was recorded vide Ex.P-18. After collection of evidence
and incriminating material, statements of witnesses were recorded. After
completing investigation, police filed challan. Case was committed for trial to
the sessions Court. The Sessions Court upon critical evaluation of evidence
placed on record has convicted and sentenced the present appellant as referred
above.
Learned counsel for the appellant while taking exception to the impugned
judgment inter alia supported the instant application primarily on the ground of
long jail incarceration as so far, the present appellant has already undergone jail
sentence of 10 years, 05 months and 28 days without remission and 14 years
and 07 days with remission. It is further submitted that present appellant has
been falsely been implicated in the case. The appeal is of the year 2015 and
there is no likelihood of early hearing of this appeal in the near future. Under
s uc h circumstances, learned counsel prays for suspension of sentence and
grant of bail to present appellant.
Learned counsel for the State opposed the prayer and prayed for
rejection of the application for suspension of sentence and grant of bail.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has already undergone jail incarceration of 10 years, 05
months and 28 days without remission and 14 years 07 days with remission
coupled with the fact that the appeal being of the year 2015 is not likely to be
decided in the near future, we are of the view that present appellant is entitled to
the benefit of suspension of sentence and grant of bail.
Accordingly, IA No.20586 of 2023 stands allowed and it is directed that
the jail sentence of the appellant shall remain suspended during pendency of the
present appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount and on his furnishing a personal bond in
the sum of Rs.1,50,000/- (Rupees One Lac and Fifty Thousand 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
26-02-2024 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
vc
VARSHA
CHATURVEDI
2023.12.07
11:23:27 +05'30'
