Lakhan Singh vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 6104 MP

                                                             1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                      CRA No. 355 of 2016
                                           (LAKHAN SINGH Vs THE STATE OF MADHYA PRADESH THR)

                          Dated : 17-04-2023
                                 Mr. Anand Purohit - Advocate for the appellant.

                                 Ms. Anjali Gyanani - Public Prosecutor for the respondent - State.

Heard on I.A.No.2959/2023, which is third application filed on behalf of the appellant under Section 389(1) of Cr.P.C seeking suspension of sentence and grant of bail.

Vide judgment dated 05.03.2016 passed by Additional Sessions Judge, Bhind in Sessions Trial No.348/2015, the appellant stands convicted for the offences punishable under sections 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/-, under Section 325 of IPC and sentenced to undergo two years RI with fine of Rs.2,000/- and under Section 323 of IPC and sentenced to undergo one year RI with fine of Rs.1,000/-, with default stipulation.

As per the report furnished from Central Jail, Gwalior, the appellant so far has undergone actual jail sentence of 07 years 07 months and 25 days as on

12.04.2023.

A s per prosecution story, the complainant - Bateshwari with his wife Kamla lodged a complaint at District Hospital, Bhind that on 04.08.2015 at about 04 in the evening, while he along with his brother and wife - Kamla was plowing the field, his younger brother - Lakhan Singh came there hurling filthy abuses and in rage shouted at them and threatened with dire consequences, if they did not transfer the land in his favour. In the heat of passion, Lakhan Singh assaulted Kamal Singh hitting lathi blow on his head on the left side repeatedly. Signature Not Verified Signed by: BARKHA SHARMA Signing time: 18-Apr-23 10:48:37 AM

As a result, blood started oozing out. Thereafter, Lakhan Singh also hit him with luhangi lathi causing injuries to other side of the head also. Kamal Singh became unconscious owing to excessive bleeding. He was rushed to the hospital by the complainant - Bateshwari and his wife Kamla, where the FIR was lodged. Upon collection of incriminating material placed on record, challan was filed and case was committed to the Sessions Court. The learned trial Court, after critical evaluation of the evidence on record, has convicted and sentenced the appellant as aforesaid.

Mr. Anand Purohit while taking exception to the impugned judgment fairly confines his arguments to the total period of jail incarceration i.e. 07

years, 07 months and 25 days as indicated above with submissions that neither there was any motive nor intention on the part of the appellant while he allegedly assaulted the deceased Kamal Singh. All are brothers. Over a trivial issue, the incident has occurred. Appellant has no criminal antecedents. The appeal is of the year 2016. There is no likelihood of early hearing of the appeal. Hence, prays for suspension of sentence and grant of bail.

P er contra, Ms. Gyanani opposes the application while supports the impugned judgment with submissions that it is an open and shut case in the sense that in the presence of his own brother, complainant and his wife Kamla, the appellant has caused fatal injuries to the deceased - Kamal Singh resulting into homicidal death. No exception can be taken in the matter of suspension of sentence.

Upon hearing learned counsel for the parties, though this Court refrains from commenting on rival contentions touching the merits of the case, but regard being had to the fact that the appellant so far has undergone 07 years and

Signature Not Verified 07 months and 25 days of jail sentence and has no criminal antecedents, we are Signed by: BARKHA SHARMA Signing time: 18-Apr-23 10:48:37 AM

of the view that the appellant deserves to be given the benefit of suspension of custodial sentences. Thus, the application deserves to be allowed.

Accordingly, it is directed that the jail sentence of appellant shall remain suspended and he be released on bail on furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant is directed to appear before the Registry of this Court on 19.06.2023 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required b e undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order ;

(ii) violation of conditions, State is free to apply for cancellation of bail. Accordingly, the I.A. No. 2959/2023 stands allowed and disposed of.

Observations on facts, if any, are only for the purpose of disposal of the instant application for suspension of sentence and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                                 (ROHIT ARYA)                                  (SATYENDRA KUMAR SINGH)
                                    JUDGE                                               JUDGE

                          bj/-




Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 18-Apr-23
10:48:37 AM