Lakhan @ Pintu Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 4303 MP

                                    1                               CRA-2337-2021
          The High Court Of Madhya Pradesh
                     CRA-2337-2021
                (LAKHAN @ PINTU YADAV Vs THE STATE OF MADHYA PRADESH)

5
Jabalpur, Dated : 13-08-2021
         Heard through Video Conferencing.
         Per : Prakash Shrivastava, J :-
         Shri Parag S. Chaturvedi, learned counsel for the appellant.
         Shri Prakash Gupta, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.5574/2021 which is first application for suspension

of sentence of appellant Lakhan @ Pintu Yadav.

The appellant has been convicted for the offence under Section 120-B of the IPC and sentenced to suffer R.I. for life with fine of Rs.5,000/- and has also been convicted under Section 25(1-B)(A) of the Arms Act and sentenced to suffer R.I. for two years with fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant submits that the appellant has been acquitted of the charge for offence under Section 302 of the IPC and the conviction is only under Section 120-B of the IPC and under the Arms Act

and that the appellant has remained in custody for about eight years and the convicted co-accused Lokesh @ Raja has already been granted suspension of sentence by this Court by order dated 07.07.2021 passed in Criminal Appeal No.1516/2021 and the case of the appellant stands on the same footing because co-accused Lokesh @ Raja has also been convicted for the same offence under Section 120-B of the IPC.

Learned counsel for the State has opposed the suspension application and has referred to paragraphs 221, 222 and 223 of the judgment of the trial court.

Having regard to the fact that the conviction of the appellant Lakhan @ Pintu Yadav is only under Section 120-B of the IPC and he has completed the sentence awarded under the Arms Act and that he has already remained in 2 CRA-2337-2021 custody for about eight years and co-accused Lokesh @ Raja who has also been convicted for the offence under Section 120-B of the IPC, has been granted suspension of sentence by this Court, we are of the opinion that a case for grant of prayer made in the application for suspension of sentence is made out.

Accordingly, I.A. No.5574/2021 is allowed. It is directed that on

deposit of fine amount, if not already deposited, and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand only) with one surety bond in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 24.08.2021 and on subsequent dates as may be fixed by the Registry of this Court, the appellant Lakhan @ Pintu Yadav be released on bail and the substantive sentence under appeal shall remain suspended.

C.C. as per rules.

     (PRAKASH SHRIVASTAVA)                              (VISHAL DHAGAT)
            JUDGE                                              JUDGE


DV


Digitally signed by
DINESH VERMA
Date: 2021.08.16
16:04:10 +05'30'