Madhya Pradesh High Court
Lakhan Barman vs The State Of Madhya Pradesh on 10 April, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7053 of 2021
(LAKHAN BARMAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-04-2023
Shri Krishna Deo Singh - Advocate for the appellant.
Shri Ajay Shukla - Government Advocate for the respondent/State.
Shri Praveen Kumar Sen - Advocate for objector.
Heard on I.A No. 1199 of 2023 , an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant No.3
Chhotu @ Santosh arising out of judgment dated 25/10/2021 delivered in S.T.
No.524/2017 by 20th Additional Sessions Judge, Jabalpur.
T he said appellant has been convicted under Section 302/34 of I.P.C.
and sentenced to undergo rigorous imprisonment for life with fine of Rs.2,000/-
with default stipulation.
Learned counsel for this appellant submits that no application of similar
nature was ever rejected on merits. As per the prosecution story, on
20/05/2017, complainant Vishal Berman (PW-1) lodged the report in Police
Station Belkheda about the alleged incident. The incident had taken place on
18/05/2017 whereas FIR was lodged with delay of 2 days on 20/05/2017. The
prosecution could not give any justifiable reason for belated lodging of the FIR.
Shri Singh, learned counsel for the appellant by taking this Court to the
prosecution story submits that on 18/05/2017 at around 7:30 - 8:00 P.M., the
complainant was sitting in front of his house along with his son Govind
(deceased). The accused persons came there and started abusing them. When
complainant and Govind raised objection, Lakhan Berman assaulted by means
of 'hasiya' whereas Chhotu and Rajesh assaulted Govind by means of lathi.
Signature Not Verified
Signed by: MANJU
Signing time:
4/12/2023 3:41:57 PM
Learned counsel for the appellant submits that there are four eye-witnesses.
PW-1 (father), PW-2 (wife) and PW-3 (relative of deceased) and Bijjau (PW-4)
is a seizure witness. All these witnesses are tutored witnesses. If statement of
complainant Vishal Berman (PW-1) is compared with the FIR he lodged, it will
be clear that there is contradiction regarding the weapon allegedly used by this
appellant. The post-mortem report shows that cause of death is lathi's injury
and this appellant allegedly used 'hasiya'. The incident had taken place without
their being any premeditation. The post mortem report although shows that
death is homicidal in nature, if MLC is examined, it will be clear that it is an after
thought and prepared on the basis of the post-mortem report. The appellant is
in custody since 28/05/2017. The necessary ingredients for attracting Section
302 of IPC are absent. At best, in alternatively, offence under Section 304 (Part-
I or II) may be made out and appellant has already remained in custody for
quite some time. Final hearing of this appeal is not possible in near future. Thus,
remaining jail sentence of this appellant may be suspended.
The prayer is opposed by Shri Ajay Shukla, learned Government
Advocate as well as Shri Praveen Sen, learned counsel for the objector.
We have heard the parties at length and perused the record.
Considering the nature of incident and other factual backdrop mentioned
herein-above, coupled with period of custody, without expressing any
conclusive opinion on the merits of the case, we deem it proper to suspend the
remaining jail sentence of this appellant. Accordingly, I.A No.1199 of 2023 is
allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant is hereby suspended and it is directed that
Signature Not Verified
Signed by: MANJU
Signing time:
4/12/2023 3:41:57 PM
appellant No.3 Chhotu @ Santosh be released on bail on his furnishing a
personal bond for a sum of Rs.30,000/- (Rupees Thirty 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 trial Court, Jabalpur on 9th
May, 2023 and also on such other dates as may be fixed by the trial Court in
this regard during the pendency of this Appeal.
Certified copy as per rules.
(SUJOY PAUL) (DWARKA DHISH BANSAL)
JUDGE JUDGE
manju
Signature Not Verified
Signed by: MANJU
Signing time:
4/12/2023 3:41:57 PM
