Kamal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 823 MP

                                    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 : 13-01-2023
      Shri Sushil Goswami, learned counsel for appellant.
      Shri B.M. Shrivastava Public Prosecutor for the respondent/State.

Heard on I.A. No. 19812/2022, an application under Section 389 (1) of

Cr.P.C. moved on behalf of appellant No.4 Rajendra Singh for suspension of his remaining jail sentence.

By the impugned judgment of sentence and order of conviction, appellant no. 4 Rajendra Singh has been convicted for offence under Section 302 read with Section 149 of IPC and Section 148 of IPC and sentenced to suffer life imprisonment and 2 years' RI with fine of Rs.2000/- and Rs.500/- respectively, with default stipulation.

It is the submission of learned counsel for the appellants that trial court erred in convicting the appellant and awarding jail sentence. Learned counsel for

the appellant referred the testimony of sole eye witness Pyari Bai (PW/2), which has been believed by the trial Court and she refers the allegation of inflicting injuries from Katarna by Naresh over head of the deceased Kallu and Dipua @ Deepak, who inflicted injury from Katarna over hand of the deceased Kallu. So far as allegations over appellant Rajendra Singh is concerned, his role is at par with appellant Kundan Singh who has been granted bail by a co-ordinate Bench of this Court by order dated 09.12.2022 passed in Cr.A. No.3511 of 2020. Fine amount has already been deposited. Appellant has already suffered around three

years of incarceration in total. Hearing of appeal will take time and he has a strong case on merits. On these grounds, prayer for suspension of sentence has been made out.

Learned counsel for the respondent/State opposed the prayer and prayed for rejection of application, however, he submits that the case of the present appellant is at par with co-accused Kundan Singh who has already been granted benefit of suspension of jail sentence.

Keeping in view the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case and the hearing of appeal will take time, subject to deposit of fine amount, it is directed that jail

sentence of appellant No.4 Rajendra Singh shall remain suspended subject to appellant's furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of the trial Court to appear before Registry of this Court on 15/03/2023 and all other subsequent dates as may be fixed in this regard.

Appellant shall not be a source of embarrassment or harassment to the complainant side in any manner and shall not move in their vicinity, otherwise his benefit of suspension shall immediately be withdrawn.

I.A.No.19812/2022 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.

     (ROHIT ARYA)                                  (MILIND RAMESH PHADKE)
        JUDGE                                               JUDGE

ar

                ABDUR RAHMAN
                2023.01.16
                11:58:54 +05'30'