Madhya Pradesh High Court
Golu @ Kuldeep vs The State Of Madhya Pradesh on 6 November, 2023
Author: Roopesh Chandra Varshney
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9006 of 2023
(GOLU @ KULDEEP Vs THE STATE OF MADHYA PRADESH)
Dated : 06-11-2023
Shri Akash Singhai - Advocate for the appellant.
Shri Dilip Kumar Shrivastava - Government Advocate for State.
Shri Amitabh Bharti - Advocate for objector.
Heard on admission.
Appeal seems to be arguable, hence it is admitted for final hearing.
Also heard on IA No.16836 of 2023, which is the first application under
Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail
moved on behalf of appellant. Appellant is in jail.
Appellant stood convicted under Sections 307 and 324 of the IPC and
sentenced to suffer R.I. for 7 years and R.I. for 2 years with fine of Rs.1000/-
and Rs.500/- with default stipulations vide judgment of conviction and order of
sentence dated 13.06.2023 passed by Sessions Judge, Burhanpur, District
Burhanpur in S.T. No.59 of 2019.
Learned counsel for the appellant while seeking suspension of sentence
inter alia submitted that the trial Court without appreciating the evidence
wrongly convicted the appellant for the aforesaid offences. It is submitted that
compromise has taken place between the parties and the complainant has no
objection if the appellant is released on bail. There are several omissions and
contradictions in the evidence adduced by the prosecution. Appellant is in jail.
Appeal is of the year 2022 and there is no likelihood of appeal being taken up
for final hearing. Under such circumstances, application of appellant for
suspension of sentence and grant of bail may be considered.
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 07-Nov-23
11:13:22 AM
Per contra, learned counsel for State while opposing the prayer,
supported the judgment impugned. He contends that judgment impugned is
passed upon proper evaluation of evidence placed on record, so the sentence
of the appellant should not be suspended.
In view of the fact that parties have entered into compromise and an
application having No Objection for grant of bail to the appellant has already
been filed by the complainant as well as looking to the facts and circumstances
of the case, contention of learned counsel for the appellant and according to
listing policy the hearing of this appeal will take time, the application is allowed.
Accordingly, IA No.16836 of 2023 stands allowed and it is directed that
the jail sentence of appellant shall remained suspended and he be released on
bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction of
the trial Court subject to verification of factum regarding deposit of fine
amount. Appellant is directed to appear before the trial Court first on
22/12/2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, I.A.No.16836 of 2023 stands allowed and disposed of.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 07-Nov-23
11:13:22 AM
