Madhya Pradesh High Court
Lakhanlal Gupta vs The State Of Madhya Pradesh on 13 January, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 306 of 2020
(LAKHANLAL GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-01-2023
Shri Manish Datt- Sr. Advocate with Shri Eshaan Datt - Advocate for
the appellant.
Shri Ajay Shukla - Govt. Advocate for the respondent / State.
I.A. No.22134/ 2022, repeat application for suspension of sentence and
grant of bail to the appellant No.1 Lakhan lal Gupta arising out of judgment
dated 18.12.2019 delivered in S.T. No. 34/2012 by the learned Vth Additional
Sessions Judge, Chhatarpur is taken up.
T h e appellant has been convicted for the offence punishable under
Section 307 of IPC and sentenced to undergo life imprisonment with and fine
of Rs.10,000/- and Section 323 IPC and sentenced to undergo R.I. for 6
months and fine of Rs.1000/- with default stipulations.
Learned counsel for the appellant submits that as per prosecution story
on 05.11.2021 at around 7:30 pm appellant along with other persons assaulted
Chhotelal and Sharda by means of 'Farsa'. Shri DAtt submits that infact it was a
case of free fight. The appellant party also lodged report against the other side
which ultimately decided by judgment dated 18.12.2019 (Annexure A-2)
whereby the opposite party was held guilty for committing offence under
Section 325 of IPC. It is further submitted that in a case of free fight, the
vicarious liability doctrine cannot be pressed into service. The individual role of
accused persons needs to be examined. If individual role is examined, it will be
clear that the injuries are not of that nature which may attract Section 307 of
IPC. At the best offence under Section 326 of IPC can be made out against the
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 1/13/2023
6:24:45 PM
appellant. The appellant is aged about 72 years and he is in custody since
18.12.2019. The final hearing of this appeal is not possible in near future. Thus,
the remaining jail sentence appellant may be suspended.
Shri Ajay Shukla, learned G.A. opposed the prayer on the basis of
objection.
Considering the aforesaid factual backdrop and age of the appellant
coupled with the fact that final hearing of this appeal is not possible in near
future, without expressing any conclusive opinion on the merits of the case, we
deem it proper to suspend the remaining jail sentence of the appellant.
Accordingly, I.A. No. 22134 /2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant No.1- Lakhan Lal Gupta is hereby
suspended and it is directed that the appellant be released on bail on his
furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty
Thousand only) with one solvent surety of the like amount to the satisfaction
of the trial court with a further direction to appear before the trial Court,
Chhatarpur on 17th April, 2023 and also on such other dates as may be
fixed by the trial court in this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (DWARKA DHISH BANSAL)
JUDGE JUDGE
sarathe
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 1/13/2023
6:24:45 PM
