Madhya Pradesh High Court
Kmalu Bansal Alias Komal vs The State Of Madhya Pradesh on 15 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-4352-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4352 of 2023
(KMALU BANSAL ALIAS KOMAL AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 15-07-2025
Shri V.P. Singh - Advocate for the appellant No.1.
Shri Devendra Kumar Shukla - Advocate for the appellant No.4.
Shri Manas Mani Verma - Government Advocate for the respondent/State.
Considered I.A. No.12806/2025 and I.A. No.3403/2024 which are first bail
applications under Section 389(1) of the Cr.P.C./430(1) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to appellant
No.1 Kmalu Bansal @ Komal and appellant No.4- Kashi bai Patel wife of
Dayaram Patel respectively.
These appellants are aggrieved of the judgment dated 14.03.2023 passed by
the learned 18th Additional Sessions Judge/Special Judge, District- Bhopal (M.P.)
in case S.C. No.206/2021, whereby appellant No.1 Kmalu Bansal @ Komal, and
appellant No.4- Kashi Bai Patel wife of Dayaram Patel stand convicted and
sentenced as under:-
Appellant No.1 Kmalu Bansal @ Komal
Conviction Sentence
Section Act Imprisonment Fine Imprisonment in lieu of fine
363 I.P.C. R.I. for 7 years Rs.50,000/- R.I for 1 year.
366 IPC R.I. for 10 years Rs.50000/- R.I. for 1 year.
POCSO
5(L)/6 &
Act & R.I. for life Rs.1,50,000/- R.I. for 3 years.
376 (2) (n)
IPC
344 IPC R.I. for 3 years Rs, 7000/- R.I. for 4 months.
323 IPC R.I. for 1 year Rs.1000/- R.I. for 1 month.
2 CRA-4352-2023
Appellant No.4- Kashi Bai Patel wife of Dayaram Patel
Conviction Sentence
Section Act Imprisonment Fine Imprisonment in lieu of fine
51 r/w 6
POCSO
and 376
and R.I. for Life Rs.1,50,000/- R.I for 3 years.
I.P.C.
(n)/109
POCSO
21 R.I. for 6 months Rs.1000/- R.I. For 3 years.
Learned counsel for the appellants submits that there is no evidence against
the appellant No.1 Kmalu Bansal @ Komal and appellant No.4- Kashi Bai Patel
wife of Dayaram Patel. They have been falsely implicated in the case. DNA of
Anil Kumar is positive. There is delay in lodging the FIR. There are good chances
of success of this appeal. On these grounds, learned counsel for the appellant
prays for suspension of sentence and grant of bail to appellants No.1 Kmalu
Bansal @ Komal and No.4- Kashi bai Patel wife of Dayaram Patel respectively.
Learned Government Advocate opposes the application for suspension of
sentence and grant of bail to the appellant.
After hearing learned counsel for the parties and going through the record
so also the fact that the appeal is going to take time for its disposal, without
commenting on the merits of the case, we are of the considered opinion that this is
a fit case to suspend the remaining jail sentence of the appellant No.1 Kmalu
Bansal @ Komal and appellant No.4- Kashi bai Patel wife of Dayaram Patel
respectively and to release them on bail. Accordingly, I.A. No.12806/2025 and
I.A. No.3403/2024 are allowed.
It is directed that on depositing of fine amount, if not already deposited and
3 CRA-4352-2023
on furnishing a personal bond to the tune of Rs.30,000/- (Rupees Thirty Thousand
only each) with two sureties each in the like amount to the satisfaction of the
concerned trial Court for their appearance before the trial Court on 24.11.2025 and
on all subsequent dates as may be fixed by the concerned trial Court, the execution
of remaining part of the jail sentence of the appellants No.1 Kmalu Bansal @
Komal and appellant No.4- Kashi Bai Patel wife of Dayaram Patel shall remain
suspended and they shall be released on bail till final disposal of the appeal.
I.A. No.12806/2025 and I.A. No.3403/2024 are disposed of accordingly.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
NRJ
