Kallu @ Kaluram vs The State Of Madhya Pradesh
2023 Latest Caselaw 1983 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 5069 of 2019
            (KALLU @ KALURAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 03-02-2023
      Shri Ravi Rahul, learned counsel for the appellants.

      Shri Shiraz Qureshi, learned Public Prosecutor for the respondent-State.

Heard on I.A. No. 20568/2021, which is second application under Section 389(1) of Cr.P.C. moved on behalf of appellant No.1 Kallu @ Kaluram. Earlier IA No. 11371/2021 was allowed for temporary suspension of sentence and grant of bail vide order dated 04/05/2021.

Appellant No .1 stands convicted under Sections 148, 323/149 (Three Counts) and 302/149 of the IPC and sentenced to undergo two years rigorous imprisonment, six months rigorous imprisonment and life imprisonment with fine of Rs.1,000/- in default to suffer additional imprisonment respectively, vide judgment dated 30/04/2019 passed by III Additional Sessions Judge, Vidisha District Vidisha (M.P.) in Sessions Trial No. 101/2017.

As per prosecution story, Pramod Lodhi resident of village Sihod Police Station Gayaraspur District Vidisha (M.P.) was going by tractor to his village. At about 10.30 pm in the night on 28/06/2017, when his tractor crossed the

house of accused persons Kallu @ Kaluram and Dayaram, they objected to movement of tractor there, as they apprehended that due to movement of tractor pet animals may be damaged. They started hurling abuses to Pramod Lodhi. On hearing loud noise of heat exchange, his father Manohar Lodhi, cousin brother Rajkumar Lodhi (since deceased) and Bahadur Singh reached the spot. Accused Dayaram stated to have been caused injury by axe and accused/appellant No.1 Kallu @ Kaluram caused injuries by spade and other

accused persons who were armed with Lathi, are stated to have caused injuries by means of Lathi. As a result of which, there is one deceased Rajkumar Lodhi and four injured persons Manohar Singh (P.W.1), Pramod (P.W.2), Bahadur Singh (P.W.4) and Balveer Singh (P.W.5). On such information, FIR was registered at Crime No. 64/2017. Thereafter, upon collection of oral and documentary evidence and other material placed on record, Challan was filed and case was committed to the Sessions Court. The Sessions Court on consideration of evidence placed on record has convicted the appellant No.1 along with other co-accused persons and sentenced as aforesaid.

Learned counsel for appellant No.1 while taking exception to the

impugned judgment submits that none of the injured witnesses has alleged against appellant No.1 to have caused injury to deceased Rajkumar on head except accused Dayaram. At the most, offence which may be made out against the appellant is not more than under Section 326 of the IPC Appellant has also suffered four years and six months incarceration. Appeal is of year 2019. There is no likelihood of hearing of appeal. Hence, prays for suspension of sentence and grant of bail.

Per contra, State counsel opposes the application supporting the order imp ugned . It is submitted that appellant shared common intention with accused persons while abusing and inflicting the injuries to the injured persons which can not be ruled out Therefore, he is not entitled to suspension of sentence and grant of bail.

Upon hearing counsel for the parties, though this Court refrains from commenting upon rival contentions touching merits of the case but regard being had to the fact that appellant is in custody for more than four years six months and there is no direct allegation against the appellant to cause injury on the head

of the deceased Rajkumar by spade in contradistinction to accused Dayaram and there is no likelihood of early hearing of the appeal, in the obtaining facts and circumstances, this Court is inclined to grant benefit of suspension of sentence and grant of bail to the appellant No. 1.

Accordingly, it is directed that the jail sentence of the appellant No. 1 Kallu @ Kaluram shall remain suspended and he be released on bail 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 No. 1 is directed to appear before the Registry of this Court on 05/04/2023 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, appellant shall be released on bail in terms of the conditions imposed in this order;

(ii) violation of conditions, State is free to apply for cancellation of bail.

Accordingly, I.A. No. 20568/2021 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.

Certified copy as per rules.

  (ROHIT ARYA)                                     (MILIND RAMESH PHADKE)
     JUDGE                                                  JUDGE

Prachi



 PRACHI
 MISHRA
 2023.02.04
 11:44:20
 +05'30'