Madhya Pradesh High Court
Kishanlal vs The State Of Madhya Pradesh on 21 February, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-1647-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1647 of 2018
(KISHANLAL AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 21-02-2025
Shri Vikas Yadav - Advocate for the appellants.
Shri Apoorv Joshi - counsel appearing on behalf of Advocate General.
1. Heard on I.A.No.1054/2025, which is first application under Section
430(1) of BNSS, 2023 read with Section 389(1) for suspension of jail sentence of
the appellant No.1 Kishanlal Keer.
2 . The appellant stands convicted vide judgment dated 01.02.2018 passed
by the Additional Sessions Judge, Kannod, District Dewas(MP) in Session Trial
No.221/10 for offence punishable under Section 302 read with Section 34 of IPC
and sentenced to undergo life imprisonment with fine of Rs.3,000/- with default
stipulation.
3. The prosecution case found to be proved is that on 09.04.2010, at about
10:00 a.m., one Ramchandra Jaat was working in his farm with complainant
Garuav(PW7) and his worker Pannalal Nayak (PW8), which is situated at village
Kanabujurg on bank of river Narmada at that time, the present appellant alongwith
other co-accused persons reached the farm and stopped Ramchandra to work while
using abusive language and all the accused persons started beating him and other
workers and caused injuries to them. The allegation against appellant No.1 is of
beating Ramchandra with stick on his back portion. After some time, Ramchandra
succumbed to the said injuries. On the basis of the aforesaid, crime was registered.
4 . Learned counsel for the appellant submits that appellant has been falsely
implicated in the case. It is submitted that the present appellant hit the deceased
Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 2/24/2025
10:19:43 AM
2 CRA-1647-2018
with a stick on his back, but there is no corresponding injury found on the body of
the deceased. There are lot of contradictions between the statements of Gaurav
(PW7), Pannalal (PW8) and Jagdish (PW9) on the happening of the incident,
which creates serious doubt on the presence of eye-witness at the place of the
incident. The cause of death as per the autopsy report is a head injury, which is
alleged to be inflicted by another co-accused namely Sakharam @ Bablu. He
further submits that final disposal of this appeal will take considerable time.
Therefore, in such circumstances, it is prayed that the jail sentence of appellant
No.1 be suspended and he be released on bail.
5 . Learned counsel for the respondent/ State opposes the prayer for
suspension of jail sentence and prays for its rejection.
6 . On due consideration of the facts and circumstances of the case, without
expressing any opinion on merits of the case, I.A.No.1054/2025 is allowed and it
is directed that upon depositing the fine amount (if not already deposited) and on
furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in
the like amount to the satisfaction of the trial court, the substantive jail sentence of
the appellant No.1 Kishanlal S/o. Chitar Keer shall remain suspended till the final
disposal of the appeal and he shall be released on bail. He shall appear before the
concerned trial Court firstly on 07.04.2025 and on all other subsequent dates, as
may be fixed in this behalf by that Court.
List for final hearing in due course.
Certified copy as per rules.
(VIVEK RUSIA) (PRANAY VERMA)
JUDGE JUDGE
SS/-
3 CRA-1647-2018
