Madhya Pradesh High Court
Kamal Singh vs The State Of Madhya Pradesh on 14 February, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3947 of 2020
(KAMAL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 14-02-2023
Shri Sushil Goswami-Advocate for appellant No.5-Bholaram.
Shri A.K. Nirankari-Public Prosecutor for respondent/State.
Heard on IA No.1473 of 2023, which is the first application under
Section 389(1) of Cr.P.C seeking suspension of sentence and grant of bail
moved on behalf of appellant No.5 Bholaram.
Appellant No.5 Bholaram stood convicted under Sections 302/149 and
148 IPC and sentenced to undergo imprisonment for life with a fine of
Rs.2,000/- and imprisonment for two years with a fine of Rs.500/- with default
stipulations vide judgment of conviction and order of sentence dated
05.03.2020 by II Additional Sessions Judge, Ganjbasoda, District Vidisha
(M.P.) in Sessions Trial No.313/2013.
Present appellant has so far undergone incarceration of about three years
including the period suffered during trial.
A s per prosecution story, on 30.04.2013 complainant Pyari Bai PW-2
along with her son Kallu Kushwah had gone to purchase grains from the control
shop at Sarnota wherefrom after taking grains and keeping them to her grandson
Ganesh Ram while coming back along with her son Kallu to her home, in the
midst at the field of Heeralal Raghuvanshi, Kamal, Naresh, Mahendra, Naval,
Deepak, Bholaram (present appellant) Rajendra, Kundan Singh and Mukul
restricted their way who were standing having deadly weapons like Katrna and
lathis. All sourrounded Kallu and with an intention to kill attacked on him. When
Pyari Bai tried to rescue Kallu she was also assaulted by them. On her screams,
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 2/15/2023
12:30:54 PM
her elder son Veer Singh grandson Mukesh, Kamlesh rushed to her. Then, all
the assailants fled away. When Kallu was touched, it was found he was already
dead. On the basis of such information, marg intimation Ex.P-13 was reduced
in writing by Sub- Inspector Tarun Kuril PW-9, besides Dehati Nalisi Ex.P-12
was also written, on the basis of which the FIR was lodged and investigation
was triggered. After completion of investigation, the charge-sheet was filed
before the Judicial Magistrate First Class, Ganjbasoda who in turn committed it
to Sessions Judge, Vidisha wherefrom it was made over to the Trial Court. The
Trial Court upon critical evaluation of the evidence placed on record convicted
and sentenced present appellant as referred above.
Learned counsel for appellant No.5-Bholaram while taking exception to
the impugned judgment of conviction and order of sentence submits that
appellant No.5-Bholaram is innocent and has falsely been implicated. The Trial
Court did not appreciate the relevant piece of evidence. The judgment is based
on surmises and conjectures. It is further submitted that similar allegation was
made against the co-accused-Kundan Singh who has since been extended the
benefit of suspension of sentence and grant of bail vide order dated 09.12.2022
(Criminal Appeal No.3511 of 2020) and co-accused Kamal Singh and Rajendra
Singh have since been extended the benefit of suspension of sentence and grant
of bail vide orders dated 09.12.2022 and 13.01.2023 (Criminal Appeal No.3947
of 2020), hence, prays for suspension of sentence and grant of bail on behalf of
appellant No.5-Bholaram.
Per contra, learned counsel for the respondent-State opposes the
application supporting the impugned judgment and prays for dismissal of the
present application.
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Upon hearing learned counsel for the parties, though this Court refrains
Signed by: PAWAN
DHARKAR
Signing time: 2/15/2023
12:30:54 PM
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that present appellant has suffered
incarceration of about 3 years coupled with the fact that co-accused-Kundan
Singh who has since been extended the benefit of suspension of sentence and
grant of bail vide order dated 09.12.2022 (Criminal Appeal No.3511 of 2020)
and co-accused Kamal Singh and Rajendra Singh have since been extended the
benefit of suspension of sentence and grant of bail vide orders dated
09.12.2022 and 13.01.2023 (Criminal Appeal No.3947 of 2020); present appeal
is of the year 2020 and there is no likelihood of early hearing of the appeal, in
the obtaining facts and circumstances, appellant No.5-Bholaram is held entitled
for suspension of jail sentence.
Accordingly, we allow IA No.1473 of 2023 and it is directed that the jail
sentence of appellant No.5-Bholaram shall remain suspended during
pendency of present appeal 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 subject to
verification of factum regarding deposit of fine amount. Appellant No.5-
Bholaram i s directed to appear before the Registry of this Court first on
27.04.2023 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 appellant No.5-Bholaram, his medical examination
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, present appellant shall be
released on bail in terms of the conditions imposed in this
order ;
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Signed by: PAWAN
DHARKAR
Signing time: 2/15/2023
12:30:54 PM
(ii) violation of conditions, State is free to apply for
cancellation of bail.
Accordingly, the 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.
Certified copy as per rules
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 2/15/2023
12:30:54 PM
