Lalchand vs The State Of Madhya Pradesh
2023 Latest Caselaw 10746 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1731 of 2018 (LALCHAND Vs THE STATE OF MADHYA PRADESH)

Dated : 12-07-2023 Shri Vivek Agrawal - Advocate for the appellant.

Shri Arvind Singh - Government Advocate for the State.

He a r d o n I.A. No.18892/2019, which is second application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant - Lalchand arising out of judgment dated 17.01.2018

delivered in Special Sessions Trial No. No.95/2017 by Sessions Judge, Balaghat. His earlier bail application was dismissed as withdrawn.

T h e appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life with fine of Rs.5000/-, with default stipulations.

Learned counsel for the appellant has submitted that appellant has been falsely implicated in the case. He has not committed any offence in any manner. Learned counsel for the appellant, after referring prosecution evidence/defence evidence extensively, submits that in the instant case, F.I.R. has not been

lodged promptly. Pawan Damahe (PW-1) is not proved to be eye witness of the incident. No recovery from the appellant has been proved and appellant is in custody since 31.07.2017. Learned trial Court has not appreciated the evidence of the witnesses in proper perspective. He further submits that there is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile.

The prayer is opposed by Shri Arvind Singh, Government Advocate for Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 7/12/2023 5:57:06 PM

the State on the basis of objection.

Taking into consideration the overall evidence, including the custody period and cause of incident, coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.18892 /2019 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Lalchand 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, Balaghat on 4/10/2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

                             (SUJOY PAUL)                                   (ACHAL KUMAR PALIWAL)
                                JUDGE                                                JUDGE

                          kundan




Signature Not Verified
Signed by: KUNDAN
SHARMA
Signing time: 7/12/2023
5:57:06 PM