Lalhans vs State Of M.P.
2021 Latest Caselaw 6151 MP

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           HIGH COURT OF MADHYA PRADESH
                                                Cr.A. No. 333/2010

                 (Lalhans Vs. State of MP)
Gwalior dated 28.09.2021
     Shri, Nirmal Sharma, Advocate for appellant.
     Shri,    Avneesh    Singh,   Public   Prosecutor             for
Respondent/State.

Heard on I.A.No. 22123/2021, Second application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant/Lalhans. Appellant assails the judgment of conviction and order of sentence dated 05/04/2010 passed in Sessions Trial No. 286/2009 by Third Additional Sessions Judge, District Shivpuri, whereby, the appellant has been convicted under Section 307 of IPC and sentenced to RI for five years with fine of Rs. 2,000/- and in case of default in payment of fine further ordered to suffer RI for three months.

Learned counsel for the appellant submits that earlier this Court vide order dated 29/08/2011 passed in I.A No. 8718/2011 has allowed the application for suspension of sentence of the appellant and he has been enlarged on bail, but since the appellant could not appear before the Court on a given date, therefore, arrest warrant was issued against him and he was arrested in the month of June, 2020 and since then he is languishing in jail. It is further submitted that out of total awarded sentence of five years, the appellant has already completed the sentence of two years and three months. It is further submitted that the appellant was on bail during trial and he did not misuse the liberty of bail granted to him. He has already remained in jail for more than sufficient period. It is submitted that there is no evidence on record against the appellant to show that the appellant has committed the alleged offence. It is further submitted that the injuries found on the body of the injured were not dangerous to life. It is further

HIGH COURT OF MADHYA PRADESH Cr.A. No. 333/2010

submitted that there are omissions and contradictions in the evidence of the prosecution witnesses. It is further submitted that prosecution has not examined any independent witness, but only interested witnesses and relatives of the complainant have been examined. There are fair chances of success 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 he be released on bail. On the other hand, learned counsel appearing on behalf of the State opposes the bail application. Keeping in view the aforesaid submission of learned counsel for the parties and the facts & circumstances of the case, IA No. 22123/2021 is allowed.

Thus, the execution of jail sentence of appellant/ Lalhans is hereby suspended subject to deposit of fine amount and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) with a surety bond in the like amount to the satisfaction of C.J.M. Shivpuri for his appearance before the CJM on 05.01.2022 and all other subsequent dates as may be fixed by the C.J.M.

In case, the appellant is found absent on any date fixed by the C.J.M, concerned 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 informed.

List the case for final hearing in due course. Certified copy as per rules.

(S.A. Dharmadhikari) Judge Durgekar*

SANJAY N Digitally signed by SANJAY N DURGEKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

DURGEKA COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=148d33096a059f4adb584e1b

R 0b1d3a3616b3e020c6aff92108afad476 190e841, cn=SANJAY N DURGEKAR Date: 2021.09.28 14:21:20 +05'30'