Kalyan Singh vs State

Learned Public Prosecutor Shri N.S. Bhati has chosen not to file reply to the instant application for suspension of sentences and proposes to argue the

matter orally.

Heard on the application for suspension of sentences.

Perused the material available on record.

As per the statements of the eyewitnesses PW.2 Prakash and PW.3 Hurma, the applicant-appellant was armed with a sword of which, he allegedly

inflicted a blow on the thigh of the deceased Smt. Kuri. As per the statement of PW.9 Dr. Vishnu Pujari, medical jurist who conducted autopsy on the

body of the deceased and issued the postmortem report (Ex.P/18), none of the five external injuries found on the body of the deceased was opined to

have been caused by a sharp weapon. The applicant-appellant has remained in custody for more than seven years. Hearing of the appeal is unlikely in

near future.

In view of above, we are of the opinion that the applicant- appellant has available to him strong grounds for assailing the impugned judgment.

Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. deserves to be and is allowed and it is ordered that the

sentences passed by learned Addl. Sessions Judge, Kherwada District Udaipur vide judgment dated 13.07.2018 in Sessions Case No.161/2016 (CIS

No.161/16) against the appellant-applicant Kalyan Singh S/o Shri Mangal Singh shall remain suspended till final disposal of the aforesaid appeal and he

shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of

the learned trial Judge for his appearance in this court on 26.03.2020 and whenever ordered to do so till the disposal of the appeal on the conditions

indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to

the counsel in the High Court.

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc.

Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for

ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court.

In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for

cancellation of bail.