Madhya Pradesh High Court
Kmalu Bansal Alias Komal vs The State Of Madhya Pradesh on 17 September, 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 : 17-09-2025
Shri Devendra Kumar Shukla - Advocate for the appellants.
Shri Manas Mani Verma- Public Prosecutor for the respondent-State.
At the outset, Shri Devendra Kumar Shukla, learned counsel for the
appellants prays for withdrawal of I.A. No.18146/2025, an application for
modification of order dated 15.07.2025 passed by this Court.
Accordingly, I.A. No.18146/2025 is dismissed as withdrawn.
Heard on I.A. No.18138/2025 and I.A. No.18141/2025,
first applications under Section 389(1) of the Cr.P.C for suspension of
sentence and grant of bail to appellant appellant No.3 Dayaram Patel S/o
Rajju Patel and appellant No.2 Dhaniram Patel S/o Dayaram Patel,
respectively.
The appellants No.2 and 3 are aggrieved of the judgment dated
14.03.2023 passed by the learned 18th Additional Sessions Judge/Special
Judge, Protection of Children from Sexual Offences Act, 2012, Bhopal
(M.P.) in Special case No.206/2021, whereby appellant No.2 Dhaniram Patel
stands convicted for offence under Sections 363, 366A of the I.P.C. and
Section 3 read with Section 4 of the Protection of Children from Sexual
Offences Act, 2012 read with Section 376(1) of the I.P.C. and sentenced to
undergo R.I. for 7 years (fine of Rs.50,000/-), R.I. for 10 years (fine of
Rs.50,000/-) and R.I. for life (fine of Rs.1,00,000/-) with default stipulation
2 CRA-4352-2023
to undergo additional R.I. for 1 year, R.I. for 1 year and R.I. for 2 years,
respectively. Appellant No.3 Dayaram Patel stands convicted for offence
under Section 5(L) read with Section 6 of the Protection of Children from
Sexual Offences Act, 2012 read with Section 376(2)(n) of I.P.C. and
sentenced to undergo R.I. for life and fine of Rs.1,50,000/- with default
stipulation to undergo R.I. for 3 years.
Shri Devendra Kumar Shukla, l earned counsel for the appellants
submits that appellant No.1 Kmalu Bansal @ Komal and appellant No.4
Kashi Bai Patel have been extended benefit of suspension of sentence by this
Court vide order dated 15.07.2025 and case of appellants No.2 and 3 is on
similar footing. Hence, prayer is made to suspend the remaining jail sentence
of appellants No.2 and 3 and to release them on bail on the ground of parity.
Shri Manas Mani Verma, learned Public Prosecutor for the State, in
his turn, opposes the prayer for suspension of sentence and grant of bail.
After hearing learned counsel for the parties and going through the
record so also looking to the fact that the appeal is going to take time for its
disposal and keeping the concept of parity in mind, 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 appellants No.2 and 3 and to
release them on bail. I.A. No.18138/2025 and I.A. No.18141/2025 are
accordingly allowed.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) each with two solvent sureties each in the like
3 CRA-4352-2023
amount to the satisfaction of the trial court for their appearance before the
trial court on 19.12.2025 and such other dates as may be fixed by the trial
court, which shall not be more than two times in a year, the execution of
remaining part of the jail sentence imposed upon appellant No.2 Dhaniram
Patel and appellant No.3 Dayaram Patel , shall remain suspended and they
shall be released on bail till final disposal of this appeal.
I.A. No.18138/2025 and I.A. No.18141/2025 are allowed and disposed
of.
List the case for final hearing in Part-B of the cause list as per its turn
and seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
pp
