Krisnapal @ K.P. Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 329 MP

                                                         1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                 CRA No. 2846 of 2020
                              (KRISNAPAL @ K.P. LODHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

               Dated : 05-01-2023
                           Shri Sanjeev Agrawal, learned counsel for the appellant.

                           Shri Lokendra Shrivastava, learned Public Prosecutor for the
               respondent/State.

I.A.No.19419/2022, an application under Section 5 of the Limitation Act for condonation of delay in filing this appeal.

As per the office report, there is delay of 26 days in filing the appeal. For the reasons assigned in the application, the same is allowed and delay in filing the appeal is condoned.

I.A.No.19425/2022. an application for taking certain documents on record, is allowed and said documents are taken on record.

Heard on IA.No.19418/2022, first application u/Sec. 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Krishnapal @ K.P.Lodhi.

Vide judgment dated 24th December, 2019 passed in Special Case

No.100/2018 by Special Judge, Shivpuri, appellant has been convicted under Section 325/34 read with Section 3(2)(va) of the SC/ST Act and sentenced to undergo 3 years RI with fine of Rs.5,000/-.

I t is submitted by learned counsel for the appellant that during trial appellant was on bail, but he did not misuse the liberty so granted. Earlier on the date of judgment i.e. 24.12.2019 sentence of the appellant was suspended for a Signature Not Verified period of one month, but during that period he could not obtain bail from this Signed by: MADHU SOODAN PRASAD Signing time: 06-01-2023 09:51:30 AM Court, as he was in jail in connection with some other offence, and therefore,

arrest warrant was issued against him. It is further submitted by him that as per the status report dated 26.7.2022 received from police Station, Bhaunti, Distt. Shivpuri, it is clear that appellant is in custody in Circle Jail, Shivpuri, in connection with some other case. Final hearing of the appeal will take time and appellant has a good case on merit. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.19418/2022 is allowed and it is

directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 24th April, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 06-01-2023 09:51:30 AM