Kallu Shakya vs The State Of Madhya Pradesh
2023 Latest Caselaw 7908 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                            CRA No. 5527 of 2023
              (KALLU SHAKYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-05-2023
       Shri A.K. Dwivedi - learned counsel for the appellant.

       Shri P.P.S. Vazeeta - learned Public Prosecutor for the respondent-State

Heard on I.A. No. 8350/2023, first application under Section 389 (1) of Cr.P.C. moved on behalf of appellant No.1 Kallu Shakya.

This criminal appeal under Section 374 of the Cr.P.C. is preferred by the

appellant against the judgment dated 14/03/2023 passed by Third Additional Sessions Judge, Dabra District Gwalior (M.P.) in ST. No.61/2019 whereby appellant No.1 has been convicted under Section 304 Part II read with Section 34 of the IPC and sentenced to suffer 7 years RI with fine of Rs.10,000/- with default stipulation.

It is submission of learned counsel for the appellant No.1 that date of incident is 5/12/2018. As per allegations, it was case where appellants Jeetu and Kallu caused simple injuries through legs and fists to the victim Suneel on which NCR under Section 155 of the Cr.P.C was registered. Thereafter, victim

survived for another 23 days and his surgery took place on 12/12/2018 for the first time and it is because of the complication in the surgery which caused his death rather than the injuries sustained by him because of act of the appellants. It is at best the case of offence under Sections 324 and 345 of the IPC and the Trial Court erred in convicting the appellant for offence under Section 304-II of the IPC. It is submitted that earlier co appellant No.2 Jeetu Shakya has been granted benefit of suspension of sentence for grant of bail vide order dated

04/05/2023. Fine amount has already been deposited. 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.

Considering the facts and circumstances of the case, this Court intends to allow the application with stringent conditions, subject to deposit of fine amount, it is directed that jail sentence of appellant No. 1 Kallu Shakya shall remain suspended subject to appellant No.1 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 17/07/2023 and all other subsequent dates as may be fixed in this regard.

Appellant No.1 shall not move in the vicinity of the complainant side in any manner and would not cause any embarrassment or harassment to to the complainant side, otherwise his benefit of suspension shall immediately be withdrawn.

I.A.No.8350/2023 stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.

(ANAND PATHAK) JUDGE

Prachi

PRACHI MISHRA 2023.05.13 10:44:32 +05'30'