Madhya Pradesh High Court
Kalla@Devendra vs The State Of Madhya Pradesh on 12 February, 2024
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1812 of 2024
(KALLA@DEVENDRA Vs THE STATE OF MADHYA PRADESH)
Dated : 12-02-2024
Mr. Brajesh Kumar Tyagi, Advocate for the appellant.
Mr. Dinesh Savita, Panel Lawyer for the respondent - State.
The appeal being arguable is admitted for final hearing.
Heard on I.A.No. 2545 of 2024, first application under Section 389(1)
of Cr.P.C. for suspension of sentence and grant of bail to the appellan.
The appeal has been preferred by the appellant under Section 374 of
Cr.P.C. against the impugned judgment of conviction and sentence dated
31.1.2024 passed by Special Judge (SC/ST), Morena, District Morena (M.P.) in
Special Case No. 115/2017 whereby appellant has been convicted and
sentenced under Section 25(1-B)(A) of Arms Act to undergo rigorous
imprisonment of four years with fine of Rs.500/-, with default stipulations.
Learned counsel for the appellant argued that the Court below has
wrongly appreciated the evidence and convicted the appellant ignoring the fact
that he has not been identified by the complainant in the T.I.P. Even
complainant has not identified him during trial before the Court. It is further
argued that there are material contradictions and omissions in the statements of
the prosecution witnesses. Independent witnesses of memorandum and seizure
PW-4 Shishupal and PW-6 Rambharosi have not supported the case of the
prosecution and turned hostile in respect to present appellant. Further argument
is that appellant has already suffered more than four months of incarceration out
of total jail sentence. He was on bail during trial and did not misuse the liberty
so granted. This criminal appeal is likely to take long time to come up for final
hearing and appellant has hope and believe that he would succeed, therefore,
prayed to suspend the jail sentence of the appellant till record is received.
On the other hand, learned State counsel opposed the application and
prayed for rejection of the same.
Considering the arguments advanced by learned counsel for the parties,
without commenting on merits of the case, it is directed that subject to
depositing of fine amount, if not already deposited, and on furnishing a personal
bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of
the like amount to the satisfaction of the concerned trial Court, the remaining jail
sentence of the appellant shall remain suspended and he be released on bail. He
is further directed to mark his presence before the Registry of this Court on
27.5.2024 and on subsequent dates as may be given in this regard till final
disposal of this appeal.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV)
JUDGE
AKS
