Madhya Pradesh High Court
Mahesh Lodhi vs The State Of Madhya Pradesh on 10 December, 2021
Author: Sanjay Dwivedi
1 CRA-4675-2021
The High Court Of Madhya Pradesh
CRA No. 4675 of 2021
(MAHESH LODHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 10-12-2021
Shri Madan Singh, learned counsel for the appellants.
Shri Punit Shroti, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
Perused the record.
Appeal involves arguable point, accordingly, it is admitted for final
hearing.
Als o heard on I.A. No.14525/2021, which is an application under
Section 389(1) of the Code of Criminal Procedure for suspension of sentence
and grant of bail to the appellants.
Shri Madan Singh, at the outset submits that this application is being
pursued only in respect of appellant Nos.2 and 3 namely Dinesh Lodhi and
Akhlesh Lodi respectively, but not for appellant No.1-Mahesh Lodhi.
Accordingly, this application in respect of appellant No.1-Maehsh
Lodhi is dismissed as withdrawn.
Vide the impugned judgment dated 24.07.2021 passed by the Second
Additional Sessions Judge, Bijawar, District Chhatarpur, both the appellants
have been convicted for the offence punishable under Sections 307 r/w 34,
325 r/w 34 and 323/34 of the Indian Penal Code and sentenced thereunder
each of the appellants to suffer RI for 5 years with fine of Rs.1000/-, RI for 2
years with fine of Rs.500/- and RI for 6 months with fine of Rs.500/-
respectively, with default stipulations.
Learned counsel for the appellants submits that both the appellants are
in jail since 24.07.2021 and remained in jail during trial for a period of four
months. As such, total nine months they are in jail and therefore, considering
the aforesaid and fact that the main allegation is not against these present
appellants (Appellant Nos.2 and 3), the application for suspension of
sentence and grant of bail shall be considered.
2 CRA-4675-2021
Shri Shroti, learned Panel Lawyer appearing for the respondent/State
on the other hand has opposed the application and submits that the judgment
of the trial Court is based upon the reasoned finding and also after
appreciation of the evidence adduced by the prosecution, therefore, the
present application is liable to be rejected.
Considering the arguments advanced by the learned counsel for the
parties and the fact that this appeal is admitted appeal and will take time to be
heard finally and appellant Nos.2 and 3 have already suffered almost 9
months out of the total sentence awarded, I am incline to consider and allow
this application. Accordingly, I.A. No.14525/2021 in respect of appellant
Nos.2 and 3 namely Dinesh Lodhi and Akhlesh Lodhi respectively is
allowed.
It is directed that on appellant Nos.2 and 3 namely Dinesh Lodhi and
Akhlesh Lodhi respectively depositing the entire fine amount, if not
deposited, their remaining jail sentence shall remain suspended and they shall
be released on bail upon their furnishing personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety
each of like amount to the satisfaction of trial Court concerned for their
appearance before the Registry of this Court on 30.03.2022 and on such
other dates as may be fixed by the Registry in this regard.
List the appeal for final hearing in due course.
Certified copy as per rules.
(SANJAY DWIVEDI)
JUDGE
ac/-
ANIL CHOUDHARY
2021.12.10
17:42:41 +05'30'
