Kallu @ Brajesh vs The State Of Madhya Pradesh
2025 Latest Caselaw 1345 MP

Madhya Pradesh High Court

Kallu @ Brajesh vs The State Of Madhya Pradesh on 9 July, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                               1                                CRA-12359-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                     CRA No. 12359 of 2023
                                           (KALLU @ BRAJESH Vs THE STATE OF MADHYA PRADESH )



                         Dated : 09-07-2025
                               Shri Sushil Goswami - Advocate for the appellant.
                               Shri Vijay Sundaram - Public Prosecutor for the respondent/State.

                               Heard on I.A.No.14560/2025, third repeat application under Section
                         389(1) of Cr.P.C. on behalf of sole appellant Kallu @ Brajesh for suspension
                         of sentence and grant of bail.

                               2. This criminal appeal assails the judgment dated 28.08.2023 passed
                         by Second Additional Sessions Judge, District Bhind (M.P.) in ST
                         No.94/2018; whereby, present appellant has been convicted and sentenced as
                         under :-


                              Section              Imprisonment     Fine
                                                   01 year's R.I.
                              147 of IPC                            Rs.2000/- with default stipulation.

                              148 of IPC           02 years' R.I.   Rs.2000/- with default stipulation.
                              302/149 of IPC (2    Life             Rs.5,000/- with default stipulation (2
                              counts)              Imprisonment     counts).
                              307/149 of IPC (2                     Rs.5,000/- with default stipulation (2
                                                   7 Years' R.I.
                              counts)                               counts)
                                                                    Rs.2,000/- with default stipulation
                              506 (B) of IPC       1 year's R.I.
                                                                                 -

25 (1B) (a) of Arms 2 years' Rs.1,000/- with default stipulation Act R.I. Life 27 of Arms Act imprisonment Rs.5,000/- with default stipulation

3 . It is the submission of counsel for present appellant that the trial

2 CRA-12359-2023 Court erred in convicting and awarding jail sentence to appellant. Name of the present appellant neither figured in Dehati Nalishi nor in FIR. Thereafter, his name has been referred for the first time in the statement under Section 161 of Cr.P.C. recorded after 11 days of the incident. He referred para 25 of the testimony of Raisingh (P.W.1), where the witness mentioned the fact that when report was lodged, name of the present appellant was not mentioned. Therefore, it is submission of learned counsel for the appellant that he suffers from over implication. Only presence of present appellant has been referred and no role has been mentioned. He has already suffered two years and three months of incarceration as pre and post trial confinement. His case stands at better footings than the case of Millu @ Arvind and Kalyan @ Kalli, who have been granted benefit of suspension of sentence and grant of bail. The

final hearing of the appeal shall take some time and he has a good case on merits. He undertakes to abide by all terms and conditions as imposed by this Court. Under such circumstances, learned counsel prays for suspension of sentence and grant of bail to the present appellant.

4. Per contra, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the application.

5. Heard learned counsel for the parties and record perused.

6. Considering the submissions advanced as well as the facts and circumstances of the case, but without commenting on the merits of the case, I.A.No.14560/2025 filed on behalf of sole appellant Kallu @ Brajesh stands allowed and it is directed that the jail sentence of present appellant shall remain suspended during pendency of the present appeal and he shall be

3 CRA-12359-2023 released on bail subject to verification of the factum of depositing the fine amount and on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court concerned. The appellant is directed to appear before the Registry of this Court first on 26/09/2025 and on other subsequent dates as may be fixed in this behalf.

7 . Present appellant shall not be source of embarrassment and harassment to the complainant/victim side in any manner and he shall not move in their vicinity; otherwise, benefit of bail given today by way of suspension of sentence shall be withdrawn immediately.

8. Present appellant shall mark his presence before concerned Police Station on first Sunday of every month between 10:30 am to 2:00 pm for the next one year i.e. till July, 2026.

9. Accordingly, the application stands disposed of.

10. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

11. Copy of this order be sent to the trial Court concerned for information and necessary compliance.

                                (ANAND PATHAK)                              (RAJENDRA KUMAR VANI)
                                    JUDGE                                           JUDGE
                         SP