Ganpat Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 6115 MP

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             The High Court of Madhya Pradesh
                                                          Cr.A.No.3050/2022

                (Ganpat Lodhi & Ors. Vs. State of M.P.)
Gwalior dated 25.4.2022
      Shri Anshu Gupta, learned counsel for the appellant.
      Shri    R.K.Awasthi,    learned       Public   Prosecutor   for   the
respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court has been received.

Also heard on IA.No.5154/2022, first application u/Sec. 389(1) of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellants- Ganpat Lodhi, Ranjeet Lodhi, Dharmendra Lodhi and Sonu.

Vide judgment dated 26.3.2022 passed by the First Additional

Sessions Judge, Ganj Basoda, Link Court Kurwai, Distt. Vidisha, in

S.T.No.18/2017 appellants have been convicted under Section 326/34 of

IPC and sentenced to undergo five years RI with fine of Rs.2,500/- with

default stipulation.

It is submitted by learned counsel for the appellants that during

trial appellants were on bail, but they did not misuse the liberty so

granted. During trial, appellants- Shivcharan and Ranjeet suffered

incarceration from 21.2.2017 to 19.3.2017 and appellants Dharmendra

and Sonu suffered incarceration from 21.2.2017 to 28.2.2017 and after

trial since 26.3.2022 they are in custody. It is further submitted that

during trial both the parties have compromised the matter, but as the

offence under Section 326/34 of IPC is not compoundable, appellants

have been convicted under Section 326/34 of IPC. They have a good

The High Court of Madhya Pradesh Cr.A.No.3050/2022

case on merit. Final hearing of the appeal will take time. Therefore,

prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.5154/2022 is allowed and it

is directed that jail sentence of appellants will remain under suspension

subject to verification that amount of fine has been deposited, on

appellants' furnishing bail bond of Rs.25,000/- (Rupees Twenty Five

Thousand Only) each with one solvent surety each of the like amount

to the satisfaction of concerned Trial Court for his appearance before the

Principal Registrar of this Court on 29th August, 2022 and on such

further dates as may be fixed by the office in this regard till disposal of

the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.04.25 17:11:18 +05'00'