Gyan Singh Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 14057 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 871 of 2017
                                      (GYAN SINGH LODHI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-11-2022
                                 Shri Madan Singh, learned counsel for the appellant No.5 Vijay Singh.

                                 Shri Yogesh Dhande, learned G.A. for the respondent/State.

Heard on I.A. No.11531/2022, application for suspension of sentence and grant of bail to the appellant No.5 Vijay Singh arising out of judgment dated 03.01.2017 delivered in S.T. No. 1300023/2015 by III Additional Sessions Judge, Damoh, is taken up.

T h e appellant No.5 Vijay Singh has been convicted for the offence punishable under Sections 148, 302/149, 307/149 and 325/149 (two counts) of the Indian Penal Code and sentenced to undergo RI for 01 year, life imprisonment, 05 years and 03 years (two counts) respectively with fine and default stipulations.

Learned counsel for this appellant submits that although this court rejected the previous application of this appellant on merits on 11.12.2020, considering the fact that this appellant remained in actual custody for more than 8 years and final hearing of this appeal is not possible in near future, the

remaining jail sentence may be suspended, moreso, when as per the statement of Bhupendra Lodhi (PW-2) and Baijanti Bai (PW-3) the appellant caused injury by means of 'Lathi' which was not a deadly weapon. The statement of Dr. Ashok Singh (PW-24) also shows that the said injury could not have been a reason for death of the deceased.

The prayer is opposed by Shri Dhande learned Govt. Advocate. We have heard the parties on this aspect.

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 11/2/2022 2:22:59 PM

This court has already considered the statement of Bhupendra Lodhi (PW-2) and Baijanti Bai (PW-3) while rejecting the previous application on 11.12.2020. Appellant was held guilty by invoking sections 148 and 149 of the IPC. Since similar arguments was not entertained and custody period is also not that long which may be a reason for suspending the sentence, the I.A. is disallowed. Appellant may renew the application or file an application for early hearing at an appropriate stage.

                             (SUJOY PAUL)                               (PRAKASH CHANDRA GUPTA)
                                JUDGE                                            JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 11/2/2022
2:22:59 PM