Shishupal Singh Lodhi vs The State Of Madhya Pradesh
2021 Latest Caselaw 2574 MP

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             HIGH COURT OF MADHYA PRADESH,
                        BENCH AT GWALIOR
                           CRA-1710-2021
             (Shishupal Singh Lodhi Vs. State of M.P.)


Gwalior, Dated : 21/06/2021

      Heard Through Video Conferencing.

      Shri Mayank Bajpai, learned counsel for the appellant.

      Shri Pramod Pachauri, learned Public Prosecutor for the

respondent/State.

IA No.15043/2021, an application for urgent hearing, is taken

up, considered and allowed for the reasons mentioned therein.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final

hearing.

Let record of the trial Court be called for.

Heard on I.A. No.15045/2021, an application under Section 389

(1) of Cr.P.C. for suspension of sentence and grant of bail moved on

behalf of the sole appellant - Shishupal Singh Lodhi.

This appeal has been preferred against the judgment dated

30/01/2021 passed by Special Judge (MPDVPK) Act, Pichhore,

District- Shivpuri (M.P.) in S.S.T. No.400023/2015, whereby the

appellant has been convicted as under:-

       Sections             Sentence       Fine (Rs.)      Default
                                                         Stipulation
 392 of IPC read with      5 Years RI      Rs. 2,000/-   6 Months RI
   Section 11/13 of
    MPDVPK Act

               HIGH COURT OF MADHYA PRADESH,
                        BENCH AT GWALIOR
                            CRA-1710-2021

(Shishupal Singh Lodhi Vs. State of M.P.)

Prosecution story found to be proved against the appellant and

co-accused is that on 14/09/2014, when the complainant was going to

his home Unnau Balaji by car and as soon as he reached two KM ago

from Karkheda, tyre of his car got punctured. When the complainant

was replacing the tyre of his car, at that time, the appellant alongwith

co-accused persons came there and on the gun point took the

complainant in the field and robbed a gold chain weighing 20- 30 gms

worth Rs.30,000/-, One diamond ring worth Rs.40000/-, one mobile

phone, cash of Rs.5,500/- and other materials i.e. driving license, pan

card etc. from the complainant and thereafter, they ran away from the

spot.

Learned counsel for the appellant submits that the appellant has

been wrongly convicted and he was on bail during trial and he has not

misused the liberty granted to him. The appellant has been implicated

in the present case on the basis of memorandum under section 27 of

Evidence Act, which has no evidentiary value. It is also submitted that

the appellant has undergone the sentence of around one year out of the

jail sentence of five years awarded by the Trial Court. The fine amount

has already been deposited by him. It is further submitted that in view

of outbreak of COVID-19, detention of the appellant in already

congested prison may be detrimental. The appellant is a permanent

resident of District- Shivpuri (M.P.). There are fair chances of success

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-1710-2021 (Shishupal Singh Lodhi Vs. State of M.P.)

of this appeal and the appeal may take long time for its conclusion and

the appellant cannot be kept in custody for an unlimited period. Under

these circumstances, the execution of sentence be suspended and the

appellant be released on bail.

On the other hand, learned Public Prosecutor 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 order passed by Apex Court in Suo Motu in WP

No.01/2020 passed on 07/05/2021 with regard to prisoner and also in

view of the order passed by the Division Bench of this Court at

Principal seat at Jabalpur, dated 10/05/2021 [WP.9320/2021-In

Reference (Suo Motu) Vs. The State of M.P. & Ors.] and looking to

the second waive of COVID-19 pandemic and to avoid congestion in

jails which are hotspots for spreading of infection and also that there

is no likelihood of early disposal of appeal in near future, I.A.

No.15045/2021 is allowed.

It is, therefore, directed that if appellant- Shishupal Singh

Lodhi 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 8th of November, 2021 and on such subsequent dates as may

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-1710-2021 (Shishupal Singh Lodhi Vs. State of M.P.)

be fixed in this regard, sentence of imprisonment awarded to him shall

remain suspended till further orders and he shall be released on bail.

The appellant 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.

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

compliance.

List the case for final hearing in due course.

Certified copy/e-copy as per rules/directions.

(S.A. Dharmadhikari) Judge

rahul

RAHUL SINGH PARIHAR 2021.06.22 12:19:22 +05'00'