Madhya Pradesh High Court
Kalu Singh vs The State Of Madhya Pradesh on 27 June, 2024
Author: Vishal Mishra
Bench: Vishal Mishra
1 CRA-7115-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 7115 of 2024
(KALU SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 27-06-2024
Shri Harshwardhan Sharma - Advocate for the appellants.
Ms. Varsha Singh Thakur - Public Prosecutor for the State.
Heard on admission.
Appeal is admitted for final hearing.
Record of the trial Court be requisitioned.
Also heard on I.A. No.9882 of 2024 - the first application filed under
Section 389(1) of CrPC for suspension of sentence and grant of bail on behalf
of appellant No.1 Kalu Singh, appellant No.2 Bhoni Singh and appellant No.3
Gyan Singh.
Vide impugned judgment dated 30.04.2024 passed by the Special Judge,
SC/ST (POA) Act, Rajgarh in Special Case No.140/2019. The appellants have
been convicted for offence punishable under Section 323/24 of IPC and
sentenced to undergo RI for 6 months and fine of Rs.500/- with default
stipulation. They have also been convicted under Section 3(2)(Va) of SC/ST
(POA) Act and sentenced to undergo R.I. for six months and to pay fine of
Rs.1000/- respectively with default stipulation.
Learned counsel for the appellants submits that the appellants have falsely
been implicated in the case. It is pointed out that the sentence of the appellants
was already suspended by the trial Court till 01.07.2024.
The final hearing of the appeal is not possible in near future. He is
ready to abide by all the terms and conditions that may be imposed by this
Court while considering the application for suspension of sentence. Hence, he
2 CRA-7115-2024
prays for suspension of sentence and grant of bail.
Per-contra, counsel for the State has opposed the prayer stating therein
that there is active participation of the appellants in commission of offence.
Considering the fact that the trial Court has already suspended the
sentence and there is no likelihood of early disposal of the appeal in near future,
this Court is inclined to grant bail to appellants by way of suspension of
sentence.
Accordingly, without expressing any opinion on the merits, I.A.No.
9882 of 2024 is allowed and it is directed that the jail sentence of the appellants
will remain under suspension subject to the verification that the amount of fine
have been deposited, on the appellants furnishing bail bond of Rs.50,000/-
(Rupees Fifty Thousand Only) each with separate solvent surety in the like
amount to the satisfaction of trial Court concerned for their appearance before
the Registry of this Court on 21.09.2024 and thereafter on such other dates as
may directed by the Registry of this Court in this regard.
Consequently, I.A. No.9881 of 2024 for urgent hearing and urgent relief
during vacation stands closed.
List the matter for final hearing in due course of time at its own turn.
Certified copy as per rules.
(VISHAL MISHRA)
V. JUDGE
soumya
