Madhya Pradesh High Court
Kamal vs The State Of Madhya Pradesh on 26 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.15608 OF 2023
(Kamal vs The State of Madhya Pradesh)
Indore, Dated 26.02.2024
Mr. Manish Yadav, counsel for the appellant.
Mr. Gaurav Singh Chouhan, counsel for the
respondent/State.
_____________________________________________________
Heard on the question of admission.
The appeal is admitted for hearing.
Record has been received.
Also heard on IA No.18950 of 2023 which is first
application filed under Section 389 of the Criminal Procedure
Code, 1973, on behalf of sole appellant - Kamal S/o Shri Kalu
who has been convicted by Additional Sessions Judge, Susner,
District-Shajapur (MP) in Session Trial No.38/2020 vide judgment
dated 04.12.2023 and has been sentenced him as under:-
Conviction Sentence
Section & Act Imprisonment Fine Imprisonment in
Amount lieu of fine
302 IPC Life Rs.2000/- 05 years RI
Imprisonment
Counsel for the appellant submits that appellant is innocent
and has been falsely implicated in the aforesaid offence. He
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.15608 OF 2023
(Kamal vs The State of Madhya Pradesh)
submits trial court has pased the impugned judgment which is
erroneous on law and facts and there is no documentary and oral
evidence against the appellant. The prosecution has failed to prove
its own case beyond reasonable doubt. He further submits that
prosecution witnesses namely; Amit (PW/1) and Sumit (PW/2) has
not supported the case of prosecution in their cross-examination.
The final disposal of the appeal is likely to take sufficient long
time. Hence prays for suspension of sentence and grant of bail to
the appellant.
Per contra, counsel for the respondent/State has opposed
the application and prays for its rejection.
Having considered the facts and circumstances of the case
and on perusal of the record and considering the cross-
examination of the witnesses namely; Amit (PW/1) and Sumit
(PW/2), without commenting anything on the merits of the case,
we are of the considered opinion that it is a fit case for grant of
suspension to the appellant. Accordingly, application IA
No.18950 of 2023 is allowed.
It is directed that substantive jail sentence of appellant -
Kamal S/o Shri Kalu shall be suspended subject to his depositing
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.15608 OF 2023
(Kamal vs The State of Madhya Pradesh)
the fine amount (if not already deposited) and on furnishing a
personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand)
with one solvent surety of like amount to the satisfaction of
concerned trial Court for his appearance on 03.05.2024 and on all
other subsequent dates as may be fixed by the Court concerned in
this behalf. Accordingly, application IA No.18950 of 2023 stands
disposed of.
Certified copy, as per Rules.
(S.A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
Arun/-
ARUN
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, ou=HIGH COURT
OF MADHYA PRADESH BENCH INDORE,
2.5.4.20=d5b56e3de75e7828ced1a96bc4f0
1804c3ea1f0a5497e4019e41c0a82cbabbf0,
NAIR
postalCode=452001, st=Madhya Pradesh,
serialNumber=192F2423E128DC1CC004DD
8FF22B3F2FFC3D1EF75981FCBEF3B2B7682
3F270F7, cn=ARUN NAIR
Date: 2024.02.28 11:10:23 +05'30'
