Kamalkishor vs The State Of Madhya Pradesh
2023 Latest Caselaw 7673 MP

                                      1

        IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                               CRA-8839-2022
        (KAMALKISHORE & ORS. Vs . STATE OF MADHYA PRADESH)

DATED:- 10-05-2023

      Shri Rajmani Bansal- Advocate for the appellant No.13.
      Shri Pramod Pachauri- Public Prosecutor for the respondent/State.

Shri Samar Ghuraiya- Advocate for the complainant.

Heard on I.A. No.8606/2023, 1st application under Section 389 (1) of

Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the

appellant No.13- Atar Singh.

This appeal has been preferred against the judgment dated 26/08/2022

passed by 2nd Additional Session Judge, Jaura, District- Morena (M.P.) in

S.T. No.178/2017, whereby the appellant No.13 has been convicted and

sentenced as under:-

Sections Sentence Fine (Rs.) Default Stipulation

148 of IPC 1 Year RI 1000/- 2 Months RI 307/149 of IPC 10 Years RI 5000/- 6 Months RI 307/149 of IPC 10 Years RI 5000/- 6 Months RI 325/149 of IPC 3 Years RI 1000/- 2 Months RI 323/149 of IPC 6 Months RI 500/- 1 Month RI

Allegations against the appellant and co-accused persons are that he

alongwith other co-accused persons assaulted the complainant by means of

sticks and Farsa, due to which, the complainant received grievous injuries.

On the basis of aforesaid, crime has been registered against the appellant and

co-accused persons.

Learned counsel for the appellant No.13 submits that appellant has

been falsely implicated in this case and he is not concerned with the case

directly or indirectly. The appellant has been wrongly convicted by the

learned trial Court. The appellant was on bail during trial and he has not

misused the liberty granted to him. Appellant has suffered about 8 months of

incarceration. It is further submitted that co-appellant Nos.9 & 12- Daroga

and Shivcharan respectively has already been granted the benefit of

suspension of sentence and grant of bail by the Coordinate Bench of this

Court vide order dated 02/02/2023 and appellant claims parity with the said

co-appellants. The appellant is the permanent resident of District- Morena

(M.P.) and there are fair chances of success of this appeal and the appeal may

take long time for its conclusion and the appellants cannot be kept in custody

for an unlimited period. Under these circumstances, the execution of

sentence be suspended and the appellants be released on bail.

On the other hand, learned counsel for the State vehemently opposed

the application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for

the parties and the fact that an early hearing of this case is not possible, I.A.

No.8606/2023 is allowed.

It is, therefore, directed that if appellant No.13- Atar Singh deposits

the entire fine amount, if not already deposited, and furnishes a personal

bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) to the

satisfaction of trial Court for his appearance before the Registry of this Court

on 20th of October, 2023 and on such subsequent dates as may be fixed in

this regard, sentence of imprisonment awarded to him, shall remain

suspended till further orders and he shall be released on bail.

IA No.8606/2023 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR

rahul DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

RAHUL SINGH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab 676d0cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE0 0D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED9 10FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.11 14:05:18 +05'30'