Kalla @ Kalyan And Others vs State Of Madhya Pradesh

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

I.A. No. 12688/2020, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

Also heard on I.A. No. 12687/2020, which is first application for suspension of sentence and grant of bail filed on behalf of the appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh.

This appeal has been preferred against the judgment dated 17/03/2020 passed by VI Additional Sessions Judge, Raghogarh, District Guna, whereby appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh have been convicted under Section 307 of IPC and sentenced to undergo R.I. for Ten Years with fine of Rs.4,000/- each, under Section 323 (for jasmat) of IPC and sentenced to undergo R.I. for Three months with fine of Rs. 500/- and under Section 323 (for Kallu) of IPC and sentenced to undergo R.I. for Three months with fine of Rs. 500/- with default stipulation.

Learned counsel for the appellants submits that appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh have been falsely convicted in the matter. It is further submitted that there are omissions and contradictions in the evidence of the prosecution witnesses. It is further submitted that prosecution has not examined any independent witness, but only interested witnesses and relatives of the complainant have been examined. It is further submitted that in view of outbreak of COVID 19, detention of the appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh in already congested prison may be detrimental. It is further submitted that there is no allegation against the appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh for assaulting the victim. The only allegation levelled against them is that they have also participated in the offence alleged along with more than five accused persons, but the prosecution has not added section 149 of IPC along with offence charged against the appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh, therefore, no case is made out against them. There are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and they be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf of the respondent opposes the application for suspension of sentence and grant of bail filed on behalf of the appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh.

At this stage, learned counsel for the appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh volunteered to deposit an amount of Rs. 5,000/- (Rs. Five Thousand Only) each in Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund).

Keeping in view the aforesaid submission of learned counsel for the parties and the facts & circumstances of the case, IA No. 12687/2020 is allowed. It is, therefore, directed that if appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) each with one local solvent surety each in the like amount to the satisfaction of trial Court for their appearance before the Registry of this Court on 10th December, 2020 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

It is made clear that benefit of suspension shall be extended to the appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7 Ramkesh only on depositing an amount of Rs.5,000/- (Rupees Five Thousand Only) each in Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund). They shall submit an attested photocopy of the receipt before the concerning Court, for placing the same on record of this case. They shall also furnish a written undertaking that they will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus. They shall install Arogya Setu App.(If not already installed) in the mobile phone.

Learned Panel Lawyer for the respondent is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.