Lalla @ Baikunth vs The State Of Madhya Pradesh
2023 Latest Caselaw 13297 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 1926 of 2016
                                     (LALLA @ BAIKUNTH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-08-2023
                                Shri Rishabh Nigam - Advocate for appellant.

                                Shri Alok Agnihotri - Public Prosecutor for respondent-State.

Shri Atulanand Awasthy - Senior Advocate with Shri Rupesh Singh Thakur - Advocate for Objector.

Heard on I.A. No.10173 of 2021.

This is the second application seeking for suspension of sentence and bail filed on behalf of accused No.1-appellant namely Lalla @ Baikunth who has been convicted under Section 302 of the IPC and sentenced to Imprisonment for Life and to pay fine of Rs.5000/- with default stipulation vide impugned judgment. His earlier application was dismissed as not pressed vide order dated 24.04.2019.

The case of the prosecution is that in the intervening night of 28th and 29th of January 2015, incident took place in the house of Rajendra Tiwari. In the marriage ceremony, the accused No.1 fired a gunshot which injured the

deceased. An FIR was lodged against two accused persons. After trial, they were convicted and sentenced as indicated hereinabove.

By the order dated 30.06.2017, the accused No.2 namely Chandu @ Chandrabhan was enlarged on bail on the only assumption that the gunshot injury was caused by accused No.1 namely Lalla @ Baikunth.

We have heard the counsel for the accused No.1.

The learned counsel tries to take us through the evidence to indicate that he has a very good case on merits. However, we do not deem it appropriate to Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 8/17/2023 3:22:25 PM

consider the same now. The matters are to be considered at the stage of final hearing. For the present, it is sufficient to notice that the accused No.1 was already under the orders of externment. Inspite of the same, he violated the orders, attended the ceremony, carried his gun and shot the deceased. There is sufficient evidence to prove the same. The gunshot injury is from the gun which was owned by the accused No.1. The recovery of the gun has also been made by him. Hence, we find no good ground to enlarge him on bail.

So far as the period of custody is concerned which is about 10 years, we are of the view that the accused is governed by the exceptions as carved out by the Hon'ble Supreme Court in the case of Saudan Singh vs the State of U.P.

and others in SLP (Criminal) No.4633 of 2021 on 05.10.2021. Apparently, this is a cold-blooded murder. The murder was planned well in advance. Both the accused came there with a sole object to kill the deceased. It is the case of the prosecution that the accused No.2 caught hold of the deceased and the accused No.1 fired a gunshot at him. Therefore, in view of the cold-blooded murder being committed, we do not find that the exceptions as carved out by the Hon'ble Supreme Court would come to the aid of the accused No.1.

Consequently, I.A. No.10173 of 2021 is dismissed.

                                  (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                    CHIEF JUSTICE                                           JUDGE

                          vinod




Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 8/17/2023
3:22:25 PM