Madhya Pradesh High Court
Brijesh Lodhi vs The State Of Madhya Pradesh on 7 April, 2021
Author: Sheel Nagu
1
The High Court of Madhya Pradesh
Cr.A. No.3581/2018
[Brijesh Lodhi and Anr. Vs. State of M.P.]
Gwalior: dated 07.04.2021
Shri F.A.Shah, learned counsel for the appellants.
Shri C.P. Singh, learned Panel Lawyer for respondent/State.
I.A. No16369/2020, application for urgent hearing is taken
up, considered and allowed.
This criminal appeal assails the judgment dated 07.03.2018,
passed in ST. No.202/2013 by Additional Sessions Judge, District
Shivpuri, (M.P.), whereby appellant has been convicted and
sentenced as under with default stipulation :-
Sections Imprisonment Fine
302/34 IPC L.I. Rs.500/- with default
stipulation
I.A. No.10371/2019, first application u/Sec. 389(1) of Cr.P.C.
for suspension of sentence and grant of bail moved on behalf of
appellant No.2-Bhagirath Lodhi is taken up and considered.
Prosecution story found to be proved is that on fateful night
the deceased had gone to agriculture field and in the morning, when
his relatives visited there, they found that he was not there. On
being searched, the dead body was found in the well. Investigation
was conducted because death was found to be caused by head injury
which was fracture of occipital bone caused by hard and blunt
object. Prosecution story hinges around the testimony of PW-2 who
was the sole eye-witness whose statement under Section 161 of
Cr.P.C. was recorded after nearly 9 days of the incident with the
explanation that he was threatened by the appellant and the co-
convicted persons of dire consequences of death in case he
discloses their complicity in the crime. In the testimony of PW-2, he
has not satisfactorily explained the reasons as to why he did not
disclose about the incident to anyone despite PW-2, having taken
part in the last rites of the deceased on the very next day of the
incident. Testimony of PW-2 also hints towards past animosity
between the deceased and PW-2.
The appellant aged 60 years has suffered three and half years
of custody and in view of above and considering the ongoing
Covid-19 pandemic and that there is no hope of this appeal coming
up in the near future for final hearing, this Court is inclined to grant
bail to the appellant by way of suspension of sentence.
Accordingly, without expressing any opinion on merits, I.A.
No.10371/2019 is allowed and it is directed that the jail sentence of
appellant No.2-Bhagirath Lodhi will remain under suspension
subject to verification that the amount of fine has been deposited,
on the appellant's furnishing bail bond of Rs.50,000/- (Rupees
Fifty Thousand Only) with two solvent sureties of the like amount
to the satisfaction of CJM concerned for his appearance before
concerned CJM on 14.06.2021 and on such further dates as may be
fixed by him which shall be of frequency not less than once in a
year.
In case, appellant is found absent on any date fixed by CJM
concerned then the said Magistrate shall be free to issue and execute
warrant of arrest for securing his presence without first referring the
matter to this Court, provided the Registry of this Court is kept
informed.
The appellant has gracefully agreed to act as a Shiksha
Swayamsevak by rendering physical and financial assistance to
government primary school situated nearest to residence of
appellant for ensuring hygiene and sanitation and for removing
deficiencies of infrastructural amenities in the said school from the
skill/resources of the appellant. [vihykFkhZ us ,d f'k{kk Lo;alsod ds :i esa
vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks
lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djus ,oa vius dkS'ky o
lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh
LosPN;k lgefr iznku dh gSAa]
The appellant after selecting a particular Govt. Primary
School shall inform about the same to the office of Gram Panchayat
(in case of rural area) and/or Ward Officer of the concerned ward (in
case of urban area), within whose territorial jurisdiction the said
school is situated. [vihykFkhZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus
ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys es½a [email protected];k
lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr
Ldwy vofLFkr gS] dks lwfpr djsxkA].
It will be joint responsibility of Sarpanch and Secretary of
said Gram Panchayat (in case of rural area) and/or Ward Officer of
the concerned ward (in case of urban area) to preserve the said
information provided by the appellant. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh
¼'kgjh {ks= ds ekeys esa½ [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k
{ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] vihykFkhZ }kjk iznRr lwpuk dks
lajf{kr djsA].
The Registry of this Court shall communicate this order
through Legal Aid Officer, SALSA, Gwalior to the Collector,
District Education Officer, Block Education Officer of the
district/block concerned for information and follow up.
A copy of this order be supplied to the Legal Aid Officer,
SALSA, Gwalior who is directed to communicate this order to the
District Education Officer, Block Education Officer of the
district/block concerned who in turn shall encourage the appellant
to indulge in community service as aforesaid.
The learned concerned Magistrate and the prosecution are
directed to ensure following of Covid-19 precautionary protocol
prescribed from time to time by the Supreme Court, the Central
Govt. and as well as the State Govt. during release, travel and
residence of the appellant during period of suspension of sentence
as a consequence of this order.
The Station House Officer of the concerned Police Station is
directed as follows:
1. The Station House Officer shall inform the
victim about the release of the petitioner/appellant
on bail and shall also supply a copy of this bail
order to the victim.
2. In case of breach of any of the conditions of
this order, the victim shall be free to report the
matter to the Station House Officer of the
concerned Police Station.
3. On receipt of any such complaint from the
victim, the Station House Officer of the concerned
police station, in turn, shall inform the Registry of
this Court.
4. On receipt of information from the Station
House Officer as aforesaid, the Registry of this
Court shall list this matter under caption
"Directions" before the appropriate Bench.
lacfa /kr iqfyl Fkkus ds Fkkuk izHkkjh dks fuEukuqlkj vknsf'kr fd;k
tkrk gS fd %
1- Fkkuk izHkkjh ihfM+r dks ;[email protected] ds
tekur ij fjgkbZ ds rF; dks lwfpr djsxk rFkk tekur
vkns'k dh ,d izfrfyfi Hkh miyC/k djk;sxkA
2- ;fn fdlh izdkj dk dksbZ vkns'k esa mfYyf[kr
'krksZa dk mYya?ku gksrk gS rks ihfM+r mDr rF; ds lac/a k
esa Fkkuk izHkkjh dks lwfpr djus ds fy, Lora= jgsxkA
3- ;fn fdlh izdkj dh ,slh f'kdk;r Fkkuk izHkkjh
dks ihfM+r }kjk izkIr gksrh gS rks og rqjra bldh lwpuk
bl jftLVªh dks miyC/k djk,xkA
4- tSlk fd mfYyf[kr gS] Fkkuk izHkkjh dh ,slh lwpuk
izkfIr ds nkSjku jftLVªh ;g ekeyk rqjra ekUkuh;
U;k;ky; ds le{k fn'kk funsZ'k ds rgr izLrqr djsxhA
The Registry of this Court is directed to send a copy of this
order to the Magistrate of the concerned district as well as to the
concerned Station House Officer for compliance.
(Sheel Nagu) (Anand Pathak)
Judge Judge
Ashish*
ASHISH CHAURASIA
2021.04.08 10:20:00
+05'30'
