Madhya Pradesh High Court
Pappu @ Ram Lakhan vs The State Of Madhya Pradesh on 26 February, 2021
Author: Sheel Nagu
1 CRA-1021-2018
THE HIGH COURT OF MADHYA PRADESH
CRA-1021-2018
(Pappu @ Ram Lakhan & Another Vs. State of M.P.)
Gwalior, dated: 26/02/2021
Shri Vivek Kumar Mishra, learned counsel for the appellants.
Shri B.M. Shrivastava, learned Public Prosecutor for the
respondent/State.
Learned counsel for the rival parties are heard.
I.A.No.4597/2021, third repeat application u/S. 389(1) Cr.P.C.
for suspension of sentence moved on behalf of appellant No.2-Prabhu
after rejection of earlier one, which was dismissed on merits vide order
dated 20/09/2018, is taken up and considered along with reply of the
State.
This criminal appeal assails the judgment dated 06/12/2017
passed in S.T. No.300007/2010 by Special Judge (Atrocities), Sheopur,
(M.P.) whereby the appellant No.2-Prabhu has been convicted as under: :-
Section Imprisonment Fine
302/149 of IPC Life Rs. 2000/- with default
Imprisonment stipulation
307/149 of IPC 10 Years' R.I. Rs. 2000/- with default
stipulation
147 of IPC 01 Year R.I. Rs. 500/- with default
stipulation
The prosecution story found proved by trial court is that
appellant No.2-Prabhu is not the main accused who had assaulted injured
Ramlakhan. The overt act of appellant No.2-Prabhu assaulting with lathi
led the learned trial judge to conclude that appellant No.2-Prabhu is guilty
of attempt to murder. Moreover, injury inflicted by appellant No.2 to
Ramlakhan does not appear to be grievous in nature.
2 CRA-1021-2018
It is further submitted that appellant No.2-Prabhu has suffered
more than 3 ½ years of incarceration including pre and post conviction
period as against life imprisonment awarded.
Moreso, similarly placed co-accused appellant No.4-Mukesh in
Cr.A. No.75/2018 had been extended the benefit of bail by way of
suspension of sentence by this Court vide order dated 02/03/2020.
Considering the above fact and the special circumstances of
ongoing Covid-19 pandemic coupled wth the fact 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 appellant No.2-Prabhu by way of suspension of
sentence.
Accordingly, without expressing any opinion on merits, I.A.
4597/2021 is allowed and it is directed that the jail sentence of appellant
No.2-Prabhu 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 concerned CJM for his
appearance before the concerned CJM on 11/05/2021 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 No.2-Prabhu is found absent on any date fixed
by the concerned C.J.M. then the said C.J.M. 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
3 CRA-1021-2018
informed.
Appellant No.2-Prabhu as a Shiksha Swayamsewak shall render
physical and financial assistance to Govt. Primary School situated nearest
to his residence for ensuring hygiene and sanitation and for removing
deficiencies of infrastructural amenities in the said School from the
skill/resources of appellant No.2. (;kfpdkdRkkZ ,d f'k{kk Lo;aLksod 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 djsxk rFkk vius dkS'ky o lalk/kuksa ls
mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djsxkA)
Appellant No.2 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.
(;kfpdkdrkZ ,d fof'k"V ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke iapk;r
ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ [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 appellant No.2. (;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] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djssaA)
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
4 CRA-1021-2018
information and compliance.
A copy of this order be supplied to the Legal Aid Officer,
SALSA, Gwalior who is directed to communicate this order to the
Paralegal Volunteers of the area concerned to verify as to whether
appellant No.2 has complied with abovementioned condition or not and
submit report once every month.
In case, report regarding abovementioned condition is not filed
or report is found to be wanting in any manner then Registry is directed to
list this matter as PUD before appropriate Bench.
The learned concerned CJM and the prosecution are directed to
ensure following of Covid-19 precautionary protocol prescribed from time
to time by the Supreme Court, the Central Government and as well as the
State Government during release, travel and residence of the appellant
No.2-Prabhu during period of suspension of sentence as a consequence of
this order.
A copy of this order be sent to the Court concerned for
compliance.
C.c as per rules.
(Sheel Nagu) (Rajeev Kumar Shrivastava)
Judge Judge
(suneel)
Digitally signed by SUNEEL DUBEY
DN: c=IN, o=HIGH COURT OF
SUNEEL
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474011,
DUBEY
st=Madhya Pradesh,
2.5.4.20=157244b0239a6fd662b29
b00a11fc66a5e160f585aa7a92425f
380d476b32818, cn=SUNEEL
DUBEY
Date: 2021.02.27 12:18:09 -08'00'
