Madhya Pradesh High Court
Lakhan Lal vs The State Of Madhya Pradesh on 6 May, 2022
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7077 of 2018
(LAKHAN LAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-05-2022
Shri Abhishek Dubey, learned counsel for the appellant No.2.
Shri A.S. Baghel, learned Deputy Government Advocate for the
respondent/State.
I.A. No.20226/2021, an application under Section 389(1) of the Cr.P.C for
suspension of sentence and grant of bail to appellant No. 2-Ramsakha is taken
up.
T h e appellant has been convicted under Section 302/34 of IPC and
sentenced to undergo life imprisonment with fine of Rs. 10,000/- with default
stipulation.
Learned counsel for the appellant submits that as per deposition of eye
witness PW/1, the appellant No.2 - Ramsakha allegedly assaulted the deceased by
means of a lathi, whereas Lakhan used an iron rod. This Court vide order dated
20.01.2020 has already granted benefit of suspension of sentence to main accused
Lakhan by taking into account the factum of quarrel between two groups. The case
of this appellant is better than Lakhan, who used more deadly weapon.
The prayer is opposed by learned Deputy Govt. Advocate for the State.
We have heard the parties at length and perused the record.
This Court in order dated 20.01.2020 recorded as under :-
"Heard on I.A. No.20498/2019, which is the second
application filed under Section 389(1) for suspension
of the appellant No.1 of remaining jail sentence and
grant of bail.
Learned counsel for the appellants submits that no
previous application of this appellant is rejected on
merits. Appellant is in jail for more than 8 years. By
taking this Court through the impugned judgment,
learned senior counsel submits that indisputably,
there was a quarrel between two groups and persons
of both the groups suffered injuries. In Cr.A.
No.7024/18, the appellant therein who was part of the
rival group has been enlarged on bail. The Court
below has incorrectly convicted the appellant. The
final hearing of this matter will take time and
appellant is ready to abide by any term and condition
imposed by this Court. Hence, remaining jail sentence
of this appellant may be suspended.
The prayer is opposed by learned counsel for the
other side.
Considering the aforesaid arguments of learned
counsel for the appellant, coupled with the fact that
the incident had taken place because of the quarrel
from both the sides for which linked criminal appeal
No.7024/18 is also pending, wherein appellant
therein was given benefit of suspension of
sentence,without expressing any opinion on the merits
of the case, we deem it proper to suspend the
remaining jail sentence of this appellant No.1/Lakhan
Lal.
Resultantly, the said I.A. is allowed. Execution of jail
sentence of appellant No.1 is hereby suspended and it
is ordered that the appellant No.1/Lakhan Lal be
released on bail on his furnishing a personal bond for
the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one solvent surety of the like amount to
the satisfaction of trial Court with a further direction
to appear before the trial Court on 27.04.2020 and
also on such other dates as may be fixed by the trial
Court in this regard during the pendency of this
appeal.
List the appeal for final hearing in due course.
C.C. as per rules."
In view of the fact that main accused Lakhan has been granted bail, who
allegedly used a rod, whereas present appellant has used a lathi, by applying
principle of parity and considering the period of custody, we deem it proper to
suspend the remaining jail sentence of the appellant No. 2.
Accordingly, I.A. No.20226/2021 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant No. 2- Ramsakha is hereby suspended
and it is directed that on furnishing a personal bond for a sum of Rs.50,000/-
(Rupees Fifty thousand Only) along with surety in the like amount to the
satisfaction of the trial Court by the appellant No.2- Ramsakha shall be released
on bail with a further direction to remain present before the Trial Court, Nagod,
District Satna on 29 th August, 2022 and on such other dates as fixed by the trial
court in this regard during the pendency of this appeal.
C.C as per rules.
(SUJOY PAUL) (SMT. ANJULI PALO)
JUDGE JUDGE
rj
Signature Not Verified
SAN
Digitally signed by RAJESH KUMAR
JYOTISHI
Date: 2022.05.06 20:00:33 IST
