Munnalal vs The State Of Madhya Pradesh
2023 Latest Caselaw 377 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 1534 of 2015
                                           (MUNNALAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-01-2023
                                 Shri Nilesh Dave - Advocate for appellant no. 13.

                                 Shri Vikas Parmar - Advocate appearing on behalf of Shri Nitin Vyas
                           - Advocate for appellant no. 16.
                                 Shri Sunil Gupta - Advocate for appellant No.21.
                                 Shri Amit Singh Sisodia - Government Advocate for respondent/State.

IA No. 15384/2022, which is an application for urgent hearing, stands disposed off.

Also heard on IA Nos. 15386/2022, which is second application under section 389(1) of Cr.P.C. on behalf of appellant no.13 Shobha Lal; I.A. No. 15037/2022 which is second application on behalf of appellant no.16 Lakhan; and IA No. 16475/2022 which is third application on behalf of appellant no.21 Sanjesh @ Kailash for suspension of their jail sentence and for grant of bail.

Appellant No. 13 Sobhalal, appellant no. 16 Lakhan and appellant no. 21 Sanjesh @ Kailash have been convicted and sentenced vide judgment dated

30.9.2015 passed in Sessions Trial No. 73/2001 by 2nd Additional Sessions Judge Dhar as below:-

These appellants have been convicted under section 148 of IPC and sentenced with 3 years RI, under section 307/149 IPC 5 years RI with fine of Rs. 1,000/- and under section 302/149 of IPC life imprisonment with fine of Rs. 1,000/-. In addition, the appellant no. 16 has been convicted under section 25(1- B)(A) of Arms Act and sentenced to undergo 1 year RI with default stipulation.

From perusal of the record it appears that earlier bail application of Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 10-01-2023 11:13:52

appellant Shobhalal has been dismissed vide order dated 10.3.2017 on merits and it has been found that at the time of incident he was having sword in his hand, the sword was recovered from his possession , as per FSL report, blood stains have been found over the sword. His case cannot be considered similar with co-appellant Gangaram who has been released on bail and his further jail sentence has been suspended.

So far as the application of appellant Lakhan is concerned, his earlier bail application under section 389 of Cr.P.C. has been dismissed on 15.3.2019. Allegedly he was having Katta in his hand and he alongwith other persons fired upon Lokesh and Raju due to which they died on the spot.

From perusal of the record it appears that first bail application of appellant Sanjesh was dismissed on merit vide order dated 27.1.2016, his second bail was dismissed on 4.3.2022 which was also rejected on merits. The allegation against the appellant Sanjesh is that he was carrying country made pistol (katta) in his hand being a member of unlawful assembly. His presence on the spot is not disputed. All these three appellants have been implicated with the aid of section 149 of Cr.P.C. There is no material changes in the circumstances after rejection of their earlier bail applications.

In view of the aforesaid we do not find any merit in suspending the jail sentence of the appellants No. 13 Shobhalal, appellant no. 16 Lakhan and appellant no. 21 Sanjesh @ Kailash.

Accordingly, IA No. 15386/2022, 15037/2022 and 16475/2022 are hereby rejected.

C.C. as per rules.

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 10-01-2023 11:13:52

(VIVEK RUSIA) (ANIL VERMA) JUDGE JUDGE BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 10-01-2023 11:13:52