Madhya Pradesh High Court

Kailash vs The State Of Madhya Pradesh on 9 May, 2024

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 10899 of 2019
                                            (KAILASH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-05-2024

                                   Shri D.R. Sharma - Advocate for the appellant.

                                   Shri Lokendra Shrivastava - Public Prosecutor for the respondent-

State.

Heard on I.A. No.8867 of 2024, fifth application under Section 389 (1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on

behalf of the appellant Kailash. Earlier four applications were dismissed as withdrawn.

T h e appellant has been convicted for the offence punishable under Sections 304 (part 1), 148, 325/149 (two counts), 323/149 (two counts) of IPC and sentenced to undergo 10 years' RI with fine of Rs.5,000/-, one year RI with fine of Rs.2000/-, 3 years RI with fine of Rs. 2000/- on each count and fine of Rs.1000/- on each count, respectively, with default stipulations vide judgment of conviction and order of sentence dated 31.10.2019 passed by Second Additional Sessions Judge, Shivpuri, (M.P.) in ST No.400067/2015.

Allegation against the appellant is of causing head injury to the deceased by means of pharsa.

Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in the case. The appellant has already undergone approximately half of the jail sentence awarded by the Trial Court. This Criminal Appeal is of the year 2019 and there is no likelihood of hearing of this Appeal in near future. Rest of the accused have already been granted bail.

Under such circumstances, appellant prays for suspension of sentence and grant of bail.

Learned counsel for the respondent-State as well as complainant opposed the prayer and prayed for dismissal of the application.

Considering all the facts and circumstances of the case, and aking note of the fact that appellant has already undergone approximately half of the jail sentence and final conclusion of the appeal will still take sufficient long time, we deem it proper to suspend the remaining custodial sentence of the appellant. Accordingly, I.A. No.8867 of 2024 stands allowed. The execution of remaining jail sentence of the appellant Kailash is hereby suspended and it is ordered that

the appellant be released on bail upon his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 12.08.2024 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

I.A. stands disposed of.

                               (VIVEK RUSIA)                                 (SANJEEV S KALGAONKAR)
                                   JUDGE                                             JUDGE

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