Lakhan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6781 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                        CRA No. 1368 of 2013
                                               (LAKHAN SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-04-2023
                                  Shri C.L. Yadav, learned Senior Advocate with Shri Shyam Singh

                           Thakur, learned counsel for the appellant.
                                  Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
                           respondent/State.

Heard on I.A.6375/2022, which is repeat S e c o nd application for

suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant-Lakhan Singh.

First application of the appellant was dismissed on merits vide order dated 17.09.2014.

The trial Court has convicted the appellant under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default stipulation and under section 323 of the IPC and sentenced to undergo 6 months R.I. vide judgment of conviction and order of sentence dated 30.08.2013 passed by the Additional Sessions Judge Sonkatch, District-Dewas

in S.T. No.337/2011.

As per prosecution case, on 02.05.2011 at around 10:30 p.m. the present appellant was abusing the deceased-Gajraj Singh. The deceased stopped him to abuse but the appellant gave blow on the head of the deceased by means of lathi. Son of the deceased Rahul intervened in the matter then the appellant also assaulted on his finger of left hand by means of lathi thereafter, the appellant fled away from the place of incident. The deceased died on the same night due to the injuries.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 27-04-2023 13:02:33

Learned counsel for the appellant pressing this application only on the ground of custody and submits that the appellant is in custody since 06.05.2011 i.e. more than 11 years. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

Per contra, learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant but has not disputed the custody period.

We have heard learned counsel for both the parties and perused the record.

Considering the custodial period of the appellant which is more than 11

years coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A.6375/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant-Lakhan Singh shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 24.07.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

C.C. as per rules.

                             (S. A. DHARMADHIKARI)                          (PRAKASH CHANDRA GUPTA)
                                      JUDGE                                          JUDGE

Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 27-04-2023
13:02:33

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 27-04-2023
13:02:33