Kalu Shah @ Mohar Ali vs The State Of Madhya Pradesh
2024 Latest Caselaw 6263 MP

Madhya Pradesh High Court

Kalu Shah @ Mohar Ali vs The State Of Madhya Pradesh on 29 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                      CRR No. 447 of 2024
                                        (KALU SHAH @ MOHAR ALI Vs THE STATE OF MADHYA PRADESH)

                         Dated : 29-02-2024
                               Mr. Shyam Kishore Mishra, Advocate for the petitioner.

                               Mr. Girraj Soni, Panel Lawyer for the respondent - State.

The revision being arguable is admitted for final hearing. Heard on I.A. No. 2191 of 2024, first application under Section 397 (1) of CrPC for suspension of jail sentence and grant of bail to the petitioners.

The revision has been preferred by the petitioners under Section 397, 401

o f the Cr.P.C. against the impugned judgment dated 24.1.2024 in Cr.A.No. 03/2024 passed by Sessions Judge, District Gwalior (M.P.) affirming the judgment of conviction and sentence dated 15.12.2023 passed in Criminal Case No. 3050/2018 by Judicial Magistrate First Class, District Gwalior (M.P.) and convicting and sentencing the petitioner under Section 279 of IPC to undergo rigorous imprisonment of three months with fine of Rs.500/- and under Section 304-A of IPC to undergo rigorous imprisonment of two years with fine of Rs.1,000/-, with default stipulations.

Learned counsel for the petitioner argued that the Courts below have

wrongly appreciated the evidence and convicted the petitioner. There are material contradictions and omissions in the statements of the prosecution witnesses. As per PW-1 Indraveer Singh, at the time of accident, Neeraj and Kuldeep were present, however, Neeraj in his Court-statement has wrongly identified the person who was driving the vehicle and PW-4 Ajay Singh has informed him about the accident, however, Ajay Singh has not supported the case of the prosecution and turned hostile. It is further submitted that petitioner

has suffered almost one month of custody out of total jail sentence awarded. The revision is likely to take long time to come up for final hearing. Hence, he prayed to suspend the jail sentence of the petitioners looking to the short period of jail sentence.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Considering the facts and circumstances of the case, the application (I.A. No. 2191 of 2024) is allowed.

It is directed that the petitioners be released on bail on each of the petitioner furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One

Lakh Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioners shall now appear before the Registry of this Court 21.5.2024 and on all other dates which may be given by the Office for their appearance.

List the case for final hearing in due course.

A copy of this order be sent to the concerned court below for necessary compliance.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS