Madhya Pradesh High Court
Kamlesh vs The State Of Madhya Pradesh on 15 March, 2023
Author: Anjuli Palo
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6135 of 2022
(KAMLESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 15-03-2023
Shri S.N.Tiwari- counsel for the appellant.
Shri Y.D.Yadav- Govt.Adv. for the State.
Considered I.A.No.375/2023, which is second application for suspension
of sentence on behalf of appellants No.1 & 2, namely, Kamlesh Kirar and
Omkar @ Bhaiya Kirar. The first application being I.A.No.13413/2022 has been
dismissed as withdrawn on 01.9.2022.
Learned counsel for the appellants seeks permission to withdraw
I.A.No.375/2023 in respect of appellant No.1 and confine his arguments in
relation to appellant No.2 only.
There is no opposition. Prayer for withdrawal is accepted. Accordingly,
I.A.No.375/2023 is dismissed as withdrawn as far as appellant No.1-Kamlesh
is concerned.
By the impugned judgment dated 13.7.2022 passed by the First
Additional Sessions Judge, Gardarwar in S.T.No.2086/2015 the appellant No.2
has been convicted for offences under sections 307 & 323/34 of IPC and
sentenced to undergo R.I. for 07 years & 03 years with fine of Rs.4,000/- &
Rs.1000/- respectively with default stipulations.
Learned counsel for the appellant submitted that appellant has been
falsely implicated in the crime in question. The appellant is in custody since
13.7.2022. The trial Court has not properly appreciated the oral and
Signature Not Verified
SAN
documentary evidence available on record. The appellant No.2 is not the main
Digitally signed by RAJESH MAMTANI
Date: 2023.03.15 19:30:24 IST
accused. The injuries caused by appellant No.2 are simple in nature. Final
disposal of appeal would take considerable time. Hence, prayer has been made
to suspend the jail sentence of appellant No.2.
Learned Government Advocate has opposed the prayer for suspension
of sentence.
Perused the impugned judgment. The injuries have been received by
Jagdish over his head. He has also received fractures. The doctor has found
incised wounds over his head measuring 3.5 cm X 1 cm and deep bone.
Another incised wound 1 cm X 2 cm and half c.m. deep. These injuries have
been caused by appellant No.1. The injuries caused by appellant No.2 are
simple in nature.
Considered over all facts and circumstances of the case; nature of
allegations against the appellant No.2; period of custody of appellant No.2;
main accused is appellant No.1; injuries caused by appellant No.2 are simple in
nature; and final disposal of this appeal would take considerable period of time,
without commenting on merits of the case the application is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of appellant No.2-Omkar @
Bhaiya Kirar shall remain suspended and he shall be released on bail for
securing his presence before the trial Court concerned on 16.8.2023 and on
such other dates as may be fixed in this regard during pendency of this appeal,
without fail.
Signature Not Verified
I.A.No.375/2023 is partly allowed i.e. only in respect of appellant No.2
SAN
Digitally signed by RAJESH MAMTANI
and dismissed as withdrawn in relation to appellant No.1.
Date: 2023.03.15 19:30:24 IST
List this case for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
RM
Signature Not Verified
SAN
Digitally signed by RAJESH MAMTANI
Date: 2023.03.15 19:30:24 IST
