Madhya Pradesh High Court
Kaluram Alias Kallu vs The State Of Madhya Pradesh on 4 September, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-864-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 864 of 2023
(KALURAM ALIAS KALLU Vs THE STATE OF MADHYA PRADESH )
Dated : 04-09-2024
Ms. Sonali Shrivastava - Advocate for the appellant.
Shri Akhilendra Kumar Singh, Public Prosecutor for the respondent -
State.
Heard on I.A.No.5155/2023, an application for suspension of sentence and grant of bail to the appellant - Kaluram alias Kallu S/o Shri Pooranlal Gond (Dhurve).
Appellant - Kaluram alias Kallu, is aggrieved of the judgment dated 31.01.2014, passed by the learned First Additional Sessions Judge, Gadarwara, District Narsinghpur (M.P.), in Special Trial No.219/2012, whereby, appellant has been convicted for offence punishable under Section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs.500/- and Section 201 of IPC he is sentenced to undergo R.I. for 3 years and fine of Rs.200/-, with default stipulation.
It is submitted that appellant is innocent. There is no witness of last seen. The evidence of PW/10 doctor is contradictory to the evidence of last seen. Conduct of the prosecution witnesses who are parents and grand parents of the deceased is doubtful. When they had last seen the deceased Nisha in the company of the appellant Kaluram, then there was no occasion for them to search for in the whole village. Kaluram was not present in the Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 04-09-2024 17:01:34 2 CRA-864-2023 village on that date and he had gone to bring his wife. He has been falsely implicated. He is already in custody for over 12 years. There are good chances of success in the appeal. It is submitted that appellant is in custody from 28.06.2012 to 31.01.2014, and then he is in custody from 31.01.2014, till this date. Hence, prayer is made to suspend the remaining jail sentence of the appellant and release him on bail.
Shri Akhilendra Singh, learned Govt. Advocate opposes the prayer of the appellant.
Taking these facts into consideration, fact of incarceration and other circumstances, 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), with two solvent sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 19.12.2024 and such other dates as may be fixed by the Trial Court, the execution of remaining part of the jail sentence imposed upon Appellant - Kaluram alias Kallu shall remain suspended and he shall be released on bail till final disposal of this appeal.
I.A.No.5155/2023, is allowed & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 04-09-2024
17:01:34
3 CRA-864-2023
A.Praj.
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 04-09-2024
17:01:34