Madhya Pradesh High Court
Prabhulal vs The State Of Madhya Pradesh on 13 December, 2022
Author: Gurpal Singh Ahluwalia
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRIMINAL APPEAL NO. 9375 OF 2019
(PRABHULAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-12-2022
Shri Padam Singh with Shri Uday Veer Singh- Advocates for the
appellants.
Ms. Kalpana Parmar- Panel Lawyer for the State.
Heard on I.A. No.18174/2022, this is third application for
suspension of sentence and grant of bail on behalf of appellant No.1-
Prabhulal Lodhi and appellant No.4- Smt. Mithlesh Bai.
Both the appellants have been convicted for the following offences :
Conviction U/s Sentence Fine Default (in lieu
of fine)
304B IPC 10 Years' RI 1,000/- One month's
additional RI
306 IPC 07 Years' RI 1,000/- One month's
additional RI
498A 03 Years' RI 1,000/- One month's
additional RI
It is submitted by the counsel for the appellants that this is the third
application on behalf of appellant No.1-Prabhulal and the first application
was dismissed for want of prosecution by order dated 22.09.2020 and
second application was dismissed on merits by order dated 07.12.2021,
whereas this is the fourth bail application on behalf of appellant No.4
Mithlesh Bai. Her third application was dismissed as withdrawn by order
dated 12.04.2022, whereas her first and second bail applications were
dismissed in default on 22.09.2020. It is submitted by mistake two
applications were filed for the grant of bail at the first instance.
It is submitted by the counsel for the appellants that the appellant
No.l Prabhulal and appellant No.4 Mithlesh Bai have been awarded
maximum sentence of ten years out of which they have already undergone
five years of jail sentence including remission, which is evident from the
information dated 12.11.2022 sent from the office of Superintendent,
District Jail, Ashoknagar. It is submitted that the hearing of the appeal is
likely to take sufficiently long time. The appellants are ready and willing
to abide by any condition which may be imposed by the Court.
Per contra, the application is vehemently opposed by the counsel
for the State.
However, in view of the fact that the appellants were convicted by
judgment dated 11.09.2019 as well as in view of the information sent by
Superintendent, District Jail Ashoknagar, it is submitted that it appears that
the appellant No.1 Prabhulal and appellant No.4 Mithlesh Bai have
undergone half of the jail sentence including remission.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case, coupled with
the fact that the maximum sentence awarded to the appellants No.1 and 4
is ten years and it appears that they have already undergone half of the jail
sentence including remission, accordingly I.A. No.18147/2022 which is
third/fourth application on behalf of appellant No.1 Prabhulal and
appellant No.4 Mithlesh Bai is allowed. On furnishing the personal bond
in the sum of Rs.1,00,000/- (Rupees One Lac Only each) with one surety
each in the like amount to the satisfaction of the Trial Court/CJM/Remand
Magistrate (Whosoever is available), the remaining jail sentence of
appellants No.1 and 4 shall remain suspended and the they shall be
released on bail.
This order shall remain in force, till the conclusion of the present
appeal.
The appellants No.1 and 4 are permanently exempted from their
personal appearance before the Registry of this Court. However, they shall
appear before the Court only when directed.
(G.S. AHLUWALIA)
avi JUDGE
Digitally signed by
ABHISHEK CHATURVEDI
Date: 2022.12.13
18:24:28 +05'30'
