Kamal @ Kala vs The State Of Madhya Pradesh
2023 Latest Caselaw 8087 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 588 of 2014
                                               (KAMAL @ KALA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-05-2023
                                 Shri Rakesh Singh Bhadoria, learned counsel for the appellant.

                                 Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
                           respondent/State.

Heard on I.A. No.8626/2022, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of

[email protected]

The trial Court has convicted the appellant under Section 302 read with section 34 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 20.01.2014 passed by Addl. Sessions & Judge, Khachrod District-Ujjain in S.T. No.74/07, 115/08.

As per prosecution case, appellant and co-accused entered into a criminal conspiracy to kill the deceased- Mahesh and in furtherance of the conspiracy, on 08.11.2006, appellant and co-accused persons murdered the

deceased by means of Gupti/Knife.

Learned counsel for the appellant submits that the appellant has not committed any offence. He has falsely been implicated in the case. The appellant was in custody for more than 11 years. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant but has not disputed the custody period of the appellant. Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 18-05-2023 18:23:33

We have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and also considering the custodial period of the appellant without expressing any opinion on merits of the case, the application I.A. No.8626/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant-Kamal @Kala shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for

his appearance before the Registry of this Court firstly on 17.07.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A. No.7223/2023 for urgent hearing stands closed. List for final hearing in due course.

C.C. as per rules.

                                  (S. A. DHARMADHIKARI)                      (PRAKASH CHANDRA GUPTA)
                                           V. JUDGE                                 V. JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 18-05-2023
18:23:33