Kuldeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 16656 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 5448 of 2023
                                           (KULDEEP AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-10-2023
                                 Shri Amit Lahoti, learned counsel for the appellants.

                                 Shri Lokendra Shrivastava - learned Public Prosecutor for the
                           respondent-State.

Shri Nirmal Sharma - learned counsel for the complainant. Heard on IA No. 15542/2023, third repeat application under Section 389(1) Cr. P.C. moved on behalf of the appellant No.8 Sundar Singh seeking

suspension of sentence and grant of bail. Earlier first IA No. 8180/2023 was dismissed as withdrawn vide order dated 13/06/2023 and second interim IA No. 10666/2023 was allowed vide order dated 22/06/2023.

Appellant No.8 stands convicted under Sections 307 of the IPC and sentenced to undergo RI for five years with fine of Rs. 1000/- for causing injuries to injured Saroopi Bai, convicted under Section 323/149 of the IPC and sentenced to undergo six months RI with fine of Rs 500/- for causing injuries to injured Kanta, convicted under Section 323/149 of the IPC and sentenced to undergo six months RI with fine of Rs. 500/- for causing injuries to injured

Mishrilal and convicted under Section 148 of the IPC and sentenced to undergo RI for one year with fine of Rs. 1000/- for causing injuries to all the injured. with default stipulations vide judgment of conviction and sentence dated 12/04/2023 passed by First Additional Sessions Judge, Sabalgarh, District Morena (M.P.) in Sessions Trial No. 100366/2015.

Learned Counsel for appellant submits that learned Trial Court has committed an error in convicting and sentencing the present appellant No.8 Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/10/2023 10:16:00 AM

without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellant No.8 was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. Appellant No.8 has undergone for almost four and a half months' jail custody. Learned counsel contends that both the parties have amicably settled the dispute among themselves although the alleged offence being non compoundable. The permission to compromise was rejected, still, the factum of amicable settlement deserves consideration for supension of sentence. Learned counsel further contends that no criminal antecedent is alleged against appellant. No other

dispute between the parties is reported during or after the trial. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant No.8 may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent State ably assisted by counsel for the complainant oppose the application and prayed for its rejection. He contends that appellant is convicted on proper appreciation of evidence. No case is made out for suspension of sentence.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant No.8 Sundar Singh shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to 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 and also subject to deposit of the fine amount (if not Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/10/2023 10:16:00 AM

already deposited) for his appearance before the Registry of this Court on 01/12/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No. 15542/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Prachi

Signature Not Verified Signed by: PRACHI MISHRA Signing time: 10/10/2023 10:16:00 AM