Madhya Pradesh High Court
Rajesh Lodhi vs The State Of Madhya Pradesh on 21 April, 2022
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1977 of 2014
(RAJESH LODHI Vs THE STATE OF MADHYA PRADESH)
Dated : 21-04-2022
Shri Ravi Shankar Patel, Advocate for the appellant.
Shri Pramod Thakre, learned Government Advocate for the
respondent/State.
I.A.No. 4224/2022, an application for taking additional documents on
record in taken up and considering the averments made therein the same is
allowed.
Heard on I.A. No.5014/2020 repeat application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant-Rajesh Lodhi.
First application (I.A. No. 15862/2018) was permitted to be withdrawn with liberty
to file appropriate application for early hearing of the appeal.
By the impugned judgment, the appellant has been convicted for the offence
punishable under Section 302 of IPC and sentenced to undergo life imprisonment
with fine of Rs.1000/- with default stipulation.
Learned counsel for the appellant submits that the incident had taken place
upon entering of some buffaloes of co-accused Bhagirath Lodhi into the field of
complainant Bandu Lodhi of Village-Patauri at about 12 noon of 18.10.2012 and
upon asking him to remove the buffaloes from the field, the accused Rajesh Lodhi
and two others, namely Bhagirath and Sovaran sons of Harprasad Lodhi abused
the complainant then his sons Balu and Heeralal stopped him. In between Rajesh
Lodhi and Sovaran Lodhi came and Sovaran caught Heeralal and slammed him.
The accused Rajesh assaulted on the head of Heeralal from the backside of the axe
and upon intervention by son Balu, he was also beaten by them. Due to the injuries,
Heeralal succumbed to death. Learned counsel for the appellant submits that after
trial co-accused Bhagirath and Sovran Lodhi have already been acquitted by the
Court below and only the appellant-accused Rajesh Lodhi has been convicted and
sentenced for the offence punishable under Section 302 of IPC, who is in custody
Signature
SAN
Verified
Not since 22.10.2012 i.e. more than nine and half years. He further submits that the
Digitally signed by
KUMARI PALLAVI
incident took place due to sudden quarrel between both the parties and there was
SINHA
Date: 2022.04.23
10:24:39 IST
no intention of the appellant to kill the deceased. On these grounds, learned
counsel for the appellant prays for suspension of jail sentence of the appellant and
grant of bail to him.
T h e prayer is opposed by Shri Pramod Thakre learned Government
Advocate on the basis of objection.
We have heard the parties and perused the record.
Considering the circumstances of the case and the facts that the incident
took place upon sudden quarrel and prima facie it appears that there was no motive
or intention of the appellant-accused to commit murder of the deceased Heeralal
and further the appellant is in custody since 22.10.2012, which is also apparent
from the report sent by Central Jail, Sagar dated 25.02.2022 submitted alongwith
I.A. No. 4224/2022 in which it is mentioned that the appellant has already suffered
jail sentence about nine years and six months, but without expressing any
conclusive opinion on the merits of the case, we deem it proper to suspend the
remaining jail sentence of the appellant-Rajesh Lodhi.
Accordingly, I.A. No.5014/2020 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant is hereby suspended and it is directed that
on furnishing a personal bond for a sum of Rs.30,000/- (Rs. Thirty thousand
only) along with one solvent surety in the like amount to the satisfaction of the trial
Court, the appellant-Rajesh Lodhi, shall be released on bail with a further
direction to remain present before the Sessions Court, Tikamgarh on
14/11/2022 and on such other dates as may be fixed by the court below in this
regard during the pendency of this appeal.
C.C as per rules.
(SUJOY PAUL) (DWARKA DHISH BANSAL)
JUDGE JUDGE
Pallavi
