Bhagwat Singh Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 511 MP

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                                                             CRA-7457-2021




         THE HIGH COURT OF MADHYA PRADESH
                           CRA-7457-2021
       (Bhagwat Lodhi and others vs The State of Madhya Pradesh)

Jabalpur, Dated 11.01.2022

      Heard through Video Conferencing.
      Shri Shashank Upadhyay, learned counsel for the appellants.
      Shri Subodh Tamrakar, Panel Lawyer for the respondent/State.

Record perused.

The appeal seems to be arguable, hence, admitted for hearing. I.A. No.21871/2021 is taken up.

At the outset, learned counsel for the applicants submitted that he does not want to press the I.A. in respect of the appellant/applicant No.1-Bhagwat Lodhi. As such, arguments heard on merits of the prayer made on behalf of appellant/applicants No.2 to 5 who stand convicted and have been awarded punishment as under :

   Convicted under                        Sentenced to
      Section
     148 of IPC         undergo R.I. for 1 year and to pay fine of

Rs.2,000/- and in default of payment of fine, to suffer R.I. for 1 month.

307/149 of IPC undergo R.I. for 3 years and to pay fine of Rs.7,000/- and in default of payment of fine, to suffer R.I. for 1 year.

323/149 of IPC undergo R.I. for 6 months and to pay fine of Rs.1,000/- and in default of payment of fine, to suffer R.I. for 1 month.

All the sentences shall run concurrently The only allegation as found proved against the applicants No.2 to 5 is that they were with the main accused Bhagwat Lodhi who fired gunshot. No overt act is attributable to them.

The ld. counsel for the applicants submitted that a cross case was registered. The parties have amicably settled both the cases. Compromise was filed and the cross case was disposed off as that was registered under the offences compoundable as per the provisions of

CRA-7457-2021

Section 320 CrPC. But since this case pertains to Section 307 of IPC which is a non compoundable ofence, therefore, this could not be disposed off on the basis of compromise. Later, taking undue advantage, the witnesses who were inimical towards the applicants have deposed before the court and have made allegation against them. The ld. counsel has referred to para 2 of the impugned judgment to show that there was a compromise between the parties in the cross case.

On due consideration of the nature of allegation found proved against appellants/applicants No.2 to 5 and other facts and circumstances of the case, I.A. No.21871/2021 is allowed qua appellants/applicants No.2 to 5.

It is directed that on deposition of fine amount and also on furnishing a personal bond of Rs.30,000/- (Rupees Thirty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 12.04.2022 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellants/applicant No.2 to 5 namely Kehar Singh, Ramlal Lodhi, Prakash @ Bhundhu and Babulal Ahirwar shall remain suspended, till final disposal of this appeal.

I.A. No.21871/2021, so far as it relates to appellant/applicant No.1 Bhagwat Lodhi, stands dismissed as withdrawn.

List this case for final hearing in due course.

(Virender Singh) JUDGE vinod Digitally signed by VINOD VISHWAKARMA Date: 2022.01.12 16:14:34 +05'30'