Madhya Pradesh High Court
Bhagwan Singh Lodhi vs The State Of Madhya Pradesh on 22 March, 2021
Author: Sheel Nagu
1 CRA-750-2020
The High Court of Madhya Pradesh
CRA-750-2020
[Bhagwan Singh Lodhi and Anr. Vs. State of M.P.]
Gwalior dated:22.03.2021
Shri Anand Purohit, learned counsel for the appellant No.1.
Shri Anil Mishra, learned counsel for the appellant No.2.
Shri C.P. Singh, learned Panel Lawyer for respondent/State.
IA.6327/2020 & 20415/2020 first application u/Sec.389(1) Cr.P.C.
for suspension of sentence and grant of bail moved on behalf of appellant
No.1- Bhagwan Singh Lodhi and appellant No.2-Sunil Lodhi, are taken
up and considered alongwith reply of State.
This criminal appeal assails the judgment dated 31.12.2019 passed
in S.T.No.161/2016 by 16th Additional Sessions Judge, Gwalior, District
Gwalior whereby appellants No.1 & 2 have been convicted and sentenced
as under with default stipulation :-
Appellant No.1- Bhagwan Singh Lodhi
Sections Imprisonment Fine
302/34 IPC L.I. Rs.3,000/-with
default stipulation
Appellant No.2- Suneel Lodhi
Sections Imprisonment Fine
302 IPC L.I. Rs.3,000/-with
default stipulation
Learned counsel for the State opposed the application and prayed
for its rejection by contending that on the basis of the allegations and the
material available on record, no case for suspension of sentence is made
out.
2 CRA-750-2020
Prosecution story found proved by trial Court is that on 22.05.2015
arguments and altercation took place among Sunil Lodhi, Baghwan Lodhi
and deceased. During course of altercation, appellant No.2- Sunil gave
lathi blow on the head of deceased Pulandar and appellant No.1-
Bhagwan Lodhi pushed the deceased resulting into deceased falling down
on the ground. Thereafter, appellants fled from the spot. The deceased
died on 26.05.2015 after four days of incident.
It is submitted that possibility of deceased having died due to non-
availability of proper medical treatment cannot be ruled out. The case is
of single blow with no repeat blow inflicted. Appellants have suffered
about one year and five months of incarceration as against life
imprisonment.
In view of above and considering the fact that there is no likelihood
of early disposal of the present appeal in the near future due to ongoing
Covid-19 pandemic crises, without entering into the merits of the matter,
this Court is inclined to grant bail to appellant No.1- Bhagwan Singh
Lodhi and appellant No.2-Sunil Lodhi by way of suspension of sentence.
Accordingly, without expressing any opinion on merits,
IA.6327/2020 & 20415/2020 are allowed and it is directed that the jail
sentence of appellant No.1- Bhagwan Singh Lodhi and appellant
No.2-Sunil Lodhi will remain under suspension subject to verification
that the amount of fine has been deposited, on their furnishing bail bond
of Rs.50,000/- (Rupees Fifty Thousand Only) in case of each appellant
with one solvent surety of the like amount to the satisfaction of concerned
Trial Court for their appearance before the concerned Trial Court on
3 CRA-750-2020
16.06.2021 and on such further dates as may be fixed by him which shall
be of frequency not less than once a year.
In case, appellants are found absent on any date fixed by the
concerned Trial Court then the said Trial Court shall be free to issue and
execute warrant of arrest for securing their presence without first
referring the matter to this Court, provided the Registry of this Court is
kept informed.
The learned concerned Trial Court and the prosecution are directed
to ensure following of Covid-19 precautionary protocol prescribed from
time to time by the Supreme Court, the Central Govt. and as well as the
State Govt. during release, travel and residence of the appellants during
period of suspension of sentence as a consequence of this order.
The appellants have gracefully agreed to act as a Shiksha
Swayamsevak by rendering physical and financial assistance to
government primary school situated nearest to residence of appellants for
ensuring hygiene and sanitation and for removing deficiencies of
infrastructural amenities in the said school from the skill/resources of the
appellants. [vihykFkhZvks us ,d f'k{kk Lo;alsod 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 djus ,oa vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa
volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh LosPN;k lgefr iznku dh gSAa ]
The appellants 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.
4 CRA-750-2020
[ vihykFkhZvks us ,d fof'k"V izkFkfed 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 the appellants. [;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] vihykFkhZvks }kjk iznRr lwpuk dks lajf{kr djsA].
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
information and follow up.
A copy of this order be supplied to the Legal Aid Officer, SALSA,
Gwalior who is directed to communicate this order to the District
Education Officer, Block Education Officer of the district/block
concerned who in turn shall encourage the appellants to indulge in
community service as aforesaid.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
vpn
VIPIN KUMAR
AGRAHARI
2021.03.23
12:18:27 +05'30'
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
