Munna @ Munnalal vs State Of M.P.
2021 Latest Caselaw 277 MP

             HIGH COURT OF MADHYA PRADESH,
                   BENCH AT GWALIOR

                        Cr.A.No.130/2011
        (Munna @ Munnalal & Anr.Vs. State of Madhya Pradesh)
                                     (1)

Gwalior, dated : 26.02.2021

        Shri A.K. Jain with Shri S.K. Mishra, Advocates for the

appellants.

        Shri B.S. Gaur, Panel Lawyer for the respondent/State.

I.A.No.18750/2020, an application for seeking permission to

file application under Section 389(1) without affidavit in the wake of

COVID-19 and I.A.No.18749/2020, an application for urgent

hearing of the application under Section 389(1) of the Cr.P.C are

disposed of.

Heard on I.A. No.18757/2020,which is sixth application under

Section 389 (1) of Cr.P.C. for suspension of sentence and grant of

bail moved on behalf of appellant No.2- Lalaram @

Harshvardhan. First application was dismissed as withdrawn vide

orders dated 18.02.2013. Remainaing applications were rejected vide

order dated 08.10.2020.

This appeal has been preferred against the judgment dated

18.12.2010 passed by Additional Sessions Judge, Shivpuri, District-

Shivpuri in S.T. No.30/2010, whereby the appellant No.2 has been

convicted as under:-

Sections Sentence Fine (Rs.) Default Stipulation 302 of IPC Life imprisonment Rs.2000/- --

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A.No.130/2011 (Munna @ Munnalal & Anr.Vs. State of Madhya Pradesh)

Prosecution story found to be proved against the appellants is

that on 09.10.2009, at about 03.00 pm when the complianant

Rajkumar was in his house situated at Village Baskheda at that time

his neighbour accused Lalaram Jatav and Munna Jatav alongwith

two other persons came there after consuming liquor and abused him

filthily on which complianant asked his brother Shivkumar @ Bablu

Yadav and when his brother asked them not to abuse, all the four

accused persons took his brother in the house of Lacchi Jatav and

caused injuries by Katar (Dagger), due to which he died. When the

complainat saw them, they ran away threatning the complianant. On

the basis of the aforesaid, crime has been lodged.

Learned counsel for the appellants submits that the appellant

No.2 has been falsely implicated in the case. He has suffered 10

years and 7 months of incarceration against the life imprisonment aw

awarded. It is further submitted that eye witnesses; namely,

Chandrabhan (P.W.2) and Gajendra Singh (P.W.3) have not deposed

anything against the present appellant. Even Dr. Satish Kumar Argal

(P.W.7) has deposed that the injuries caused are simple in nature.

Learned counsel for the appellants further submits that in view of

COVID-19, outbreak detention of applicant in already congested

prisons may be detrimental. It is also submitted that there are fair HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A.No.130/2011 (Munna @ Munnalal & Anr.Vs. State of Madhya Pradesh)

chances of success of this appeal and the appeal may take long time

for its conclusion and appellant No.2 cannot be kept in custody for

an unlimited period. The appellant No.2 is a permanent resident of

District- Guna (M.P.) and he is ready to abide by all the terms and

conditions as may be imposed by this Court. Under these

circumstances, the execution of sentence be suspended and the

appellant No.2 be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf

of the respondent/State opposes the bail application.

Keeping in view of the aforesaid submissions of learned

counsel for the parties and the fact that an early hearing of this case

is not possible, I.A. No.18757/2020 is allowed.

It is, therefore, directed that if appellant No.2- Lalaram @

Harshvardhan deposits the entire fine amount, if not already

deposited, and furnishes a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like

amount to the satisfaction of trial Court for his appearance before the

Registry of this Court on 22nd June, 2021 and on such subsequent

dates as may be fixed in this regard, sentence of imprisonment

awarded to him shall remain suspended till further orders and he

shall be released on bail.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.A.No.130/2011 (Munna @ Munnalal & Anr.Vs. State of Madhya Pradesh)

The appellant No.2 shall also furnish a written undertaking

that he will abide by the terms and conditions of various circulars, as

well as, orders issued by the Central Government, State Government

and local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus and the appellant shall also install Arogya Setu App. (If

not already installed) in the mobile phone.

A copy of this order be sent to the trial Court concerned for

compliance, if possible by the office of this Court.

Certified copy as per rules.

              (S.A. Dharmadhikari)                    (Vishal Mishra)
                    Judge                                 Judge
Shanu


        SHANU
        RAIKWAR
        2021.02.27
        15:45:23 -08'00'