Shivraj Singh Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 5427 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      CRA No. 6685 of 2022
                                        (SHIVRAJ SINGH LODHI Vs THE STATE OF MADHYA PRADESH)

                         Dated : 01-04-2023
                               Shri Madan Singh-Advocate for the appellant.

                               Shri Manoj Kushwaha-Panel Lawyer for the respondent/State

Trial Court record has been received.

Heard on admission.

Primafacie, this appeal seems to be arguable. Hence, admitted for final

hearing.

Heard on I.A.No.14620/2022, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant-Shivraj Singh Lodhi, pending the appeal.

Appellant has been convicted for commission of offence under Section 306 and 498-A of IPC and has been sentenced to 5 years RI and fine of Rs. 5,000/- and RI for 3 years with fine of Rs.2,000/- respectively with default stipulation vide judgment dated 27.07.2022 passed in ST. No 119/2019 (State of M.P. Vs. Shivraj Singh Lodhi) by learned Session Judge, Damoh, District-

Damoh.

Learned counsel for the appellant has submitted that learned trial Court has erroneously convicted the appellant for commission of offence. Marriage was solemnized 18 years ago. Husband and deceased wife were blessed with one son and one daughter. There is no evidence on record on the basis of which it can be inferred that appellant ever abetted the deceased to commit suicide. Learned trial Court without appreciating the evidence of the prosecution witnesses in proper perspective has convicted the appellant. Appellant is in jail Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 4/1/2023 6:29:52 PM

since 27.07.2022 and prior to that he he has remained in jail for a period of almost 8 days. Thus, he has already suffered incarceration for more than 8 months. He has fair chances to succeed in the appeal. Therefore, it has been prayed that appellant/accused be released on bail by suspending jail sentence.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail.

Having perused the evidence of Smt. Sunita (PW-1), Smt. Raja Bai (PW-

2), Jalam Singh (PW-3), Harshita (PW-4) and evidence of other witnesses, I am of the view that a case for suspension of jail sentence is made out and jail sentence of the appellant/accused may be suspended.

Accordingly, aforesaid I.A.No.14620/2022 is allowed. The execution of jail sentence of appellant-Shivraj Singh Lodhi is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court o n 21.07.2023 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 4/1/2023 6:29:52 PM