Madhya Pradesh High Court
Kamlesh Bais vs The State Of Madhya Pradesh on 14 October, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1 CRA-6689-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6689 of 2021
(KAMLESH BAIS Vs THE STATE OF MADHYA PRADESH )
Dated : 14-10-2024
Shri Abhinav Dubey - Advocate for the appellant.
Shri D. K. Shukla - Panel Lawyer for respondent/ State.
Heard on I.A. No.8642/2024.
This is third application under Section 389(1) of Cr.P.C for suspension
of jail sentence and grant of bail to appellant pending the appeal.
His earlier bail applications were dismissed as withdrawn vide order
dated 13.12.2022 and 02.11.2023.
Appellant has been convicted for commission of offence under
Sections 304-B of IPC and has been sentenced to undergo R.I. for 10 years;
under Section 498A of IPC and has been sentenced to undergo R.I. for 02
years and fine of Rs.2000/- with default stipulation and Sections 3 & 4 of the
Dowry Prohibition Act, 1961 and has been sentenced to undergo R.I. for 06-
06 months with fine of Rs.500/- - Rs.500/-, with default stipulations vide
judgment dated 22.10.2021 passed in ST No.89/2019 (State of M.P. Vs.
Kamlesh Bais and others) by 2nd Additional Sessions Judge, Link Court
Rampur Naikin, District Sidhi (MP). All the sentences are directed to run
concurrently.
Learned counsel for the appellant has submitted that appellant has
2 CRA-6689-2021
already undergone more than a period of 5 years in jail so far. For the alleged
offence, the maximum sentence awarded to the appellant is 10 years. He has
already suffered more than half of the sentence awarded to him by the Trial
Court. He has fair chances to succeed in appeal. There is no possibility of
coming of this appeal for hearing in near future. Therefore, it is prayed that
considering the period of incarceration already undergone by appellant,
custodial jail sentence of the appellant may be suspended and he may be
released on bail, pending the appeal.
On the other hand, learned counsel for the respondent/State has
opposed the prayer for grant of bail to the appellant.
I have heard learned counsel for the parties and have gone through the
material available on record.
On perusal of the record, it is revealed that appellant has already
suffered more than 5 years of actual jail sentence out of sentence awarded to
him. This appeal is of 2019. There is no possibility of hearing of this appeal
in near future. As per prosecution case, wife of appellant committed suicide
by hanging herself within two years of marriage. Having taken into
consideration the incarceration period already undergone and the fact that
there is bleak possibility of final hearing this appeal in near future, I deem it
proper to suspend the remaining jail sentence of the appellant, pending the
appeal. Consequently, I.A. No.8642 of 2024 is allowed .
Execution of jail sentence of appellant - Kamlesh Bais is hereby
suspended subject to depositing of the entire fine amount, if not already
3 CRA-6689-2021
deposited. It is directed that the appellant be released on bail on his
furnishing a personal bond to 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 with a further direction to appear before the trial Court on 16.12.2024
and also on such other dates, as may be fixed by that Court in this regard
during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
