Madhya Pradesh High Court
Lacchu vs The State Of Madhya Pradesh on 24 January, 2022
Author: Vivek Rusia
-: 1 :-
CRA. No. 999/2016
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
DIVISION BENCH: HON'BLE MR. JUSTICE VIVEK RUSIA
AND HON'BLE MR. JUSTICE PRANAY VERMA)
CRA. No. 999/2016
(Lachhu S/o. Dhansingh & others V/s. State of M.P.)
Date : 24.01.2022 :
Shri Manish Yadav, learned counsel for the appellant No.3 -
Shankerlal.
Shri Sudhanshu Vyas, learned counsel for the respondent/State.
Heard on I.A. No.29405/2021, a repeat (2nd) application u/s. 389 of the
Cr.P.C. for suspension of custodial sentence. Vide judgment dated 1.7.2016
passed by 2nd Additional Sessions Judge, Shajapur in S.T. No.30/2015, the
appellant - Shankerlal and others have been convicted u/s. 148, 302/149 of
the IPC and sentenced to undergo 3 years and life imprisonment
respectively. The first application for suspension of custodial sentence was
dismissed vide order 8.1.2019 filed on medical ground, hence there is no
rejection of application for suspension on merit.
As per prosecution story, on 25.11.2014, an unknown person gave an
information to the police that some villagers have assaulted Prabhulal Gurjar
and he is lying in an injured condition on the road. The information was
recorded in the daily diary and the police reached to the spot and found the
dead body of Prabhulal lying in the agricultural field of Nathu Gurjar and his
head was amputed from the body. Indersingh identified the deceased and
lodged the Dehati Nalisi (Exh. P/1). According to him, Prabhulal was sitting
with him in the house, then the accused Makhan came there to call Prabhulal
and took him to the agricultural field of Nathu Gurjar. Due to suspicion of
previous enmity he along with his nephew Arjun, Radheshyam went to see
Prabhulal. According to him, accused Karan and Makhan were twisting the
hands of Prabhulal and Mohansingh by means of sword and accused Arjun,
Lachhu, Bharat, Rahul, Shanker, Sanjay, Ladsingh, Bhagwan s/o. Prabhulal
and Bhagwan S/o. Mangilal by means of Axe were assaulting Prabhulal on
his neck and committed murder. There was a previous dispute due to the
CRA. No. 999/2016
land between them. In the year 1998, Meharbansingh and Dhansingh were
murdered in which Indersingh and Prabhulal were sentenced to undergo life
imprisonment. On 15.8.2014 Prabhulal was released from the jail and
because of the previous enmity he was murdered.
The police registered the FIR against 12 accused and submitted the
charge-sheet. On denial of the charges, the prosecution examined 12
witnesses and vide judgment dated 1.7.2016, all the accused have been
convicted and sentenced aforesaid.
Learned counsel for the appellant - Shankerlal submits that although
there is seizure of Axe from all the accused persons, but whether the Axe
was containing the human blood has not been established by the FSL report.
On the body of the deceased, only 3 injuries were found and all the relatives
and family members have been convicted holding that they by means of
sword and Axe committed the murder of Prabhulal. There is no specific role
attributed to the present appellant. The appellant is not keeping good health
and he has undergone major surgery and his major part of the intestine has
been removed. Therefore, it is very difficult for him to survive in the jail. All
the documents relating to the treatment have been filed along with the
application for suspension of sentence. In such circumstances, he prays for
grant of bail to the appellant - Shankerlal.
On the other hand, learned Panel Advocate appearing for the
respondent/State opposes the prayer by submitting that earlier on health
ground the applicant's application has been rejected and, therefore, no case
for grant of bail is made out and the application is liable to be rejected.
Though the earlier application on medical ground was rejected, but
now the appellant has undergone major surgery in M.Y.Hospital, Indore and
from where all the documents pertaining to the treatment have been sent to
the jail Superintedent. As per report dated 6.1.2022, the appellant has
undergone Exploration Laparotomy on 4.12.2021. Since the patient was
weak, therefore he has developed Midilind Wound and Resuturing was done
on 26.12.2021 and he would be discharged on 8.1.2022. On the basis of
report on health condition of the appellant and also that, there are general
CRA. No. 999/2016
allegations against the present appellant, without commenting anything on
the merits of the case, we are of the opinion that he deserves to be released
on bail.
Accordingly, the application (I.A. No.29405/2021) is allowed and it is
directed that upon furnishing personal bond in the sum of Rs.40,000/-
(Rupees Forty Thousand) with one solvent surety in the like amount to the
satisfaction of the trial Court for his appearance before the Registry of this
Court, the execution of custodial part of the sentence of appellant -
Shankerlal shall remain suspended till the final disposal of this appeal. The
appellant after being released on bail shall mark his presence before the
Registry of this Court on 20.09.2022 and on all such subsequent dates, as
may be fixed in this behalf by the Registry during the pendency of this
appeal.
Before releasing the appellant from the custody, the Jail Authorities
are directed to medically examine him in order to rule out the possibility of
COVID-19 infection and shall comply with the direction given by the Apex
Court in Writ Petition No.01/2020.
List the appeal for final hearing in due course.
( VIVEK RUSIA ) ( PRANAY VERMA )
JUDGE. JUDGE.
Alok/-
ALOK
Digitally signed by ALOK GARGAV
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya
Pradesh,
2.5.4.20=eae18b7018e4245a54c74948bb27999d7e052526
864065b20b27a5804a3e1fea,
GARGAV
pseudonym=7CDEDE27CC58A5C0E24DE6046DC50DE017
D631F3,
serialNumber=9995A79B765CF420033A1CBAAFF5461F71
8D618BA2FDCA70E412F27FFE6E8CB0, cn=ALOK GARGAV
Date: 2022.01.28 16:04:16 +05'30'
