Madhya Pradesh High Court
Kesh Kumar Saket vs The State Of M.P. on 21 November, 2023
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12381 of 2022
(KESH KUMAR SAKET Vs THE STATE OF M.P.)
Dated : 21-11-2023
Shri Madan Mohan Jaiswal - Advocate for the appellant.
Shri S. Riyaz - Panel Lawyer for the respondent/ State.
Heard on the question of admission.
The appeal is admitted for hearing.
Heard on I.A. No. 24634 of 2022, an application under Section 389(1)
of the Cr.P.C for suspension of sentence and grant of bail to appellant Kesh
Kumar Saket arising out of judgment dated 5.12.2022 passed by Sessions
Judge, Singrauli in S.T.No.29 of 2020.
T h e appellant has been convicted for the offences punishable under
Section 304-B of IPC and sentenced to 7 years R.I. He has also been convicted
under Section 306 of the IPC and sentenced to 5 years R.I. along with fine of
Rs.10,000/-. Further he has been convicted under Section 498-A of IPC read
with Section 3/4 of the Dowry Prohibition Act and sentenced to one year R.I.
with fine of Rs.1000/- along with default stipulations.
Counsel for the appellant submitted that appellant is innocent and has
been falsely implicated in the aforesaid offence. The trial Court has failed to
appreciate the evidence of the prosecution witnesses in its proper perspective.
There are so many omissions and contradictions in the prosecution witnesses.
The trial Court has failed to appreciate the evidence of P.W.8 Kamla Prasad
and P.W.9 Ranjeet, who are independent witnesses and have turned hostile.
They have not supported the prosecution story. The appellant has suffered
more than half of the sentence. Final hearing of this appeal would take
sufficient long time in near future. Hence, prays for suspension of sentence and
grant of bail to the appellant.
Learned counsel for the respondent/State has opposed the application for
suspension of sentence and prays for its rejection.
I have heard counsel for the parties and perused the record.
Considering the facts and circumstances of the case as well as the period
of sentence already undergone by the appellant as also the fact that final hearing
of the appeal would take sufficient long time, I am of the opinion that the jail
sentence of appellant deserves to be suspended.
Accordingly, without commenting on the merits of the case, IA No.
24634/2023 is allowed and it is directed that subject to deposit of fine amount,
if not already deposited, and on furnishing 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 trial Court, the execution of remaining jail sentence
of the appellant shall remain suspended till final disposal of this appeal.
The appellant- Kesh Kumar Saket after being enlarged on bail shall
mark his presence before the concerned trial Court on 21.12.2023 and
thereafter on all subsequent dates as may be fixed in this behalf.
List the appeal for final hearing in due course.
Certified copy as per rules.
(HIRDESH)
JUDGE
Vikram
