Kasiya @ Kashiram vs The State Of Madhya Pradesh
2023 Latest Caselaw 16446 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 3344 of 2020
                                     (KASIYA @ KASHIRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-10-2023
                                Shri Vivek Singh - Advocate for appellant No.1 Kasiya @ Kashiram

                          S/o Gulab Barela, appellant No.2 Keshariya @ Kishore S/o Gulab Barela,
                          appellant No.5 Sunil S/o Kesariya @ Kishore Singh Barela, appellant No.6
                          Kaliya @ Rameshwar S/o Kashiram Barela and appellant No.7 Dinesh S/o
                          Kan Singh Barela.
                                Shri Sudarshan Joshi - Advocate for respondent - State of Madhya

Pradesh.

Heard on IA No.3850 of 2023, which is FIRST application under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant No.1 - Kasiya @ Kashiram S/o Gulab Barela, appellant No.2 - Keshariya @ Kishore S/o Gulab Barela and appellant No.7 - Dinesh S/o Kan Singh Barela and also IA No.3848 of 2023, which is a repeat (THIRD) application under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of

remaining jail sentence and grant of bail filed on behalf of appellant No.5 - Sunil S/o Kesariya @ Kishore Singh Barela and appellant No.6 - Kaliya @ Rameshwar S/o Kashiram Barela.

Vide judgment and order dated 22.02.2020 passed by learned First Additional Sessions Judge, Sendhwa, District Barwani (M.P.) in Sessions Trial No.85 of 2018, the present appellants have been convicted for offence under Sections 148, 342/149, 302/149 and 323/149 of Indian Penal Code, 1908 and sentenced to undergo rigorous imprisonment for one year with fine of Rs.500/-. Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 10/7/2023 11:04:09 AM

one year with fine of Rs.500/-, Life with fine of Rs.1,000/- and one year with fine of Rs.500/- respectively along with default stipulation.

After arguing for some on the merits of the matter, learned counsel for the appellants seeks leave of this Court to withdraw I.A. No.3850 of 2023 with respect to appellant No.1 Kasiya @ Kashiram S/o Gulab Barela and appellant No.7 Dinesh S/o Kan Singh Barela AND I.A. No.3848 of 2023 filed on behalf of appellant No.6 Kaliya @ Rameshwar S/o Kashiram Barela.

Prayer is allowed.

Accordingly, I.A. No.3850 of 2023 with respect to appellant No.1 Kasiya @ Kashiram S/o Gulab Barela and appellant No.7 Dinesh S/o

Kan Singh Barela AND I.A. No.3848 of 2023 filed on behalf of appellant No.6 Kaliya @ Rameshwar S/o Kashiram Barela are hereby dismissed as withdrawn.

However, with respect to appellant No.2 Keshariya @ Kishore S/o Gulab Barela and appellant No.5 Sunil S/o Kesariya @ Kishore Singh Barela, learned counsel for the appellants submits that these appellants caused injury to deceased Dhan Singh by means of stone; and similar allegation was made against co-appellant No.3 Gulab S/o Khajan Barela, whose application (I.A. No.12134 of 2022) for suspension of remaining jail sentence has already been allowed by this Court vide order dated 11.11.2022. Therefore, on the ground of parity with co-appellant Gulab, he prays that the applications with respect of appellants No.2 and 5 be allowed by suspending their remaining jail sentence and they be released on bail.

Per contra, learned counsel for respondent - State of Madhya Pradesh opposed the application for suspension of sentence and prayed for its

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 10/7/2023 11:04:09 AM

dismissal.

Heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case and arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application (s) for suspension of custodial sentence moved on behalf of appellants No.2 and 5 deserved to be allowed, maintaining parity with co-appellant No.3 Gulab.

Accordingly, maintaining parity, IA No.3850 of 2023 (for appellant No.2 Keshariya @ Kishore) and I.A. No.3848 of 2023 (for appellant No.5 Sunil) are allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellant No.2 - Keshariya @ Kishore S/o Gulab Barela and appellant No.5 Sunil S/o Kesariya @ Kishore Singh Barela in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the learned trial Court, the execution of custodial part of the jail sentence of these appellants shall remain suspended, till the final disposal of this appeal. The appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 08.12.2023 and on all such subsequent dates as may be fixed by the Registry of this Court in this regard.

I.A. No.3851 of 2023 and I.A. No.3849 of 2023, applications for

urgent hearing stand disposed off.

Certified copy, as per rules.

                            (VIVEK RUSIA)                                                  (ANIL VERMA)
                                JUDGE                                                         JUDGE

                           rcp

Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 10/7/2023
11:04:09 AM