Madhya Pradesh High Court
Dilip @ Kadori vs The State Of Madhya Pradesh on 1 August, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-56-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 56 of 2024
(DILIP @ KADORI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 01-08-2024
Mr. Sheeshu Yadav - learned counsel for the appellants.
Dr. Anjali Gyanani - Public Prosecutor for the respondent - State.
Heard on I.A.No.14737/2024, first application under Section 389 (1)
of Cr.P.C. for suspension of sentence and grant of bail moved on behalf
of appellant No.1 Dilip @ Kadori and I.A.No.15083/2024, second
application under Section 389(1) of Cr.P.C. for suspension of sentence and
grant of bail moved on behalf of appellant No.2 Bunty Yadav.
2. The said appellants have been convicted under Section 148 of IPC
and sentenced to undergo R.I. for six months with fine of Rs.500/- each and
in default of payment of fine to undergo additional two months R.I. and
under Section 302/149 of IPC and sentenced to undergo life imprisonment
with fine of Rs.10,000/- each and in default of payment of fine to suffer RI
for 1 year vide judgment of conviction and order of sentence dated
02.12.2023 passed by Second Additional Sessions Judge, District Datia,
Madhya Pradesh in Sessions Case No.124/.2015.
3. The prosecution case, in short, is that the complainant Arvind Yadav
lodged an FIR that on 24.05.2015 he alongwith Shivpumar, Birju, Mangal,
Satish and Inder were on two motorcycles. When they reached at bus stand,
Dharmsingh, Rakesh Ballu @ Balram Yadav, Dilip @ Kadori Yadav, Suresh
Yadav, Rajaram yadav i.e. all the accused persons of the same village
2 CRA-56-2024
surrounded them with 12 bore mouzers in their hand. Dharmsingh fired a
gun shot, which hit on the head of Satish and he fell and rest of the accused
persons Dharmsingh, Rakesh, Ballu, Dilip @ Kadori, Suresh, Rajaram,
Ankush Yadav started firing from their 12 bore guns. The complainant and
others somehow saved themselves. Thereafter, all the accused persons ran
away from the spot.
4. Learned counsel for the appellants submits though he has been
named in the FIR but he did not fire any gun shot. There is no recovery of
gun from him. This is the death by only single gun shot. Apart from that,
two empty cartridges were seized from the spot. The appellant was on bail
during trial. The appellant has no criminal record. It is a case of over
implication against the accused on the basis of statements. There was cross
firing also in which FIR was registered although complainant party has been
acquitted against which Criminal Appeal No.490/2024 is pending. Final
disposal of this appeal is likely to take time. In such premises, learned
counsel for the appellants prays for suspension of sentence and grant of bail.
5. Learned Public Prosecutor appearing for the
respondent/State opposes the prayer by submitting that looking to the nature
of offence, present appellants are not entitled for suspension of sentence and
grant of bail.
6. Considering the facts and circumstances of the case and
the submissions made by learned counsel for the parties, coupled with the
fact that final conclusion of the appeal will take considerable long time, but
without expressing any opinion on the merits thereof, we deem it proper to
3 CRA-56-2024
suspend the remaining jail sentence of the present appellants.
7. Accordingly, the I.As are allowed and the execution of remaining
jail sentence of appellants No.1 and 2 namely Dilip @ Kadori and Bunty
Yadav is hereby suspended till the final disposal of this appeal and it is
ordered that the appellants be released on bail on depositing the fine amount,
if not already deposited, and upon furnishing a personal bond for a sum of
Rs.1,00,000/- (Rupees One Lac only) each with one solvent surety of the like
amount to the satisfaction of the Trial Court, with a further direction to
appear before the Registry of this Court on 25.09.2024 and on such other
dates, as may be fixed by the Registry of this Court in this regard during the
pendency of this appeal.
8. Certified copy as per rules.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
bj/-
