Lalu @ Rakesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13483 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         CRA No. 12181 of 2022
                                                 (LALU @ RAKESH Vs THE STATE OF MADHYA PRADESH)

                            Dated : 18-08-2023

                                  Shri Ashish Gupta, learned counsel for the applicant.

                                  Shri K.K.Tiwari, learned Govt.Advocate for the respondent/State.

Heard on I.A.No.9917/2023, which is second application filed under Section 389(1) of Cr.P.C.for grant of suspension of sentence and grant of bail

on behalf of appellant - Lalu @ Rakesh.

The first application I.A.No.16433/2022 was dismissed for want of prosecution vide order dated 23.3.2023.

T he appellant has been convicted by the trial Court for the offence punishable under Section 302 of IPC and sentenced to Life Imprisonment with fine of Rs.1,000/- with default stipulation, vide judgment dated 14.2.2022 passed by the Addl.Sessions Judge, Jobat, District Alirajpur in S.T.No.117/2021.

As per prosecution case, on 24.4.2021 at around 4.30 PM the appellant

repeatedly had given blow to the deceased Ganpat. Due to multiple injuries and fractures the deceased had died on 25.4.2021.

Learned counsel for the appellant submits that the appellant has not committed any offence. He has falsely been implicated in the case. He has served two years and four months of custodial sentence. Final hearing of this appeal is not possible in near future. As alleged by the prosecution the deceased had not received any injury on his vital part, therefore, the offence does not fall under Section 302 of IPC. Therefore, on the basis of custodial sentence, it is Signature Not Verified Signed by: SHAILESH PATIL Signing time: 8/21/2023 11:03:40 AM

prayed that remaining jail sentence of the appellant be suspended and he be released on bail.

On the other hand learned Govt.Advocate for the respondent/State has opposed the prayer and submits that eye witness Bhangdibai (PW-2) has supported the case of prosecution. As per statement of Dr.Rahul Jaiswal (PW-

3), who had conducted postmortem of the deceased, at the time of postmorten he found five injuries on the body of the deceased and there were fractures in left humorous bone, radius and ulna, right tibia and there was also dislocation of left hip bone. This witness has opined that the deceased had died due to multiple injuries on his body.

We have heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case and the statement of the eye-witness Bhangdibai (PW-2), we are not inclined to suspend the sentence and grant bail to the appellant. Accordingly, I.A.No.9917/2023 stands dismissed.

List for final hearing in due course.

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

                            patil




Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 8/21/2023
11:03:40 AM