Kailash Kahar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1720 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2509 of 2018
                                       (KAILASH KAHAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 31-01-2023
                                Shri Ashish Kumar Tiwari - Advocate for the appellant No.2.

                                Shri Yogesh Dhande - Government Advocate for the respondent/State.

Shri Amit Dubey - Advocate for the objector.

Heard on I.A.No.20833/2022 a repeat application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2

Kalla Kahar arising out of judgment dated 24/02/2018 delivered in S.T. No.99/2015 by the learned Second Additional Sessions Judge, Gadarwara, District Narsinghpur.

The appellant has been convicted under Sections 148, 302/149, 325/149 & 323/2014 of the IPC and sentenced to undergo R.I. for one year, R.I. for life with fine of Rs.5,000/-, R.I. for three years with fine of Rs.500/- and R.I. for six months respectively with default stipulation.

Learned counsel for the appellant submits that the actual age of appellant No.2 is 82 years, which is evident from Adhar Card, in which his date of birth is

shown as 01/01/1937. The Court below erroneously mentioned age of this appellant as 62 years in the year 2015. Counting from that date also appellant No.2 is aged about 70 years. As per prosecution story, appellant No.2 allegedly assaulted Champu Kahar alongwith other co-accused persons. Appellant No.2 allegedly used "baka" to assault the deceased. After recovery / seizure, baka was sent for FSL, but in the said article marked as "F" no human blood was found. Considering the age of this appellant, coupled with the fact that the final hearing of this appeal is not possible in near future, the remaining jail sentence Signature Not Verified Signed by: ANURAG SONI Signing time: 01-Feb-23 1:29:51 PM

of appellant No.2 may be suspended.

Shri Yogesh Dhande, learned Government Advocate opposes the prayer on the basis of objection.

Shri Amit Dubey, learned counsel for the objector opposes it on the basis of eyewitness account i.e. Das Kumar (PW-1) and Gokal (PW-2).

We have heard the parties and perused the record.

Considering the period of custody and age of the appellant No.2, coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant No.2 Kalla Kahar.

Accordingly, I.A.No.20833/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.2 Kalla Kahar is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court, appellant No.2 Kalla Kahar be released on bail with a further direction to remain present before the Trial Court, Gadarwara, District Narsinghpur on 01/05/2023 and on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                               (SUJOY PAUL)                             (AMAR NATH (KESHARWANI))
                                  JUDGE                                          JUDGE

                          as




Signature Not Verified
Signed by: ANURAG SONI
Signing time: 01-Feb-23
1:29:51 PM