Madhya Pradesh High Court
Lokendra @ Neta vs The State Of Madhya Pradesh on 24 July, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1597 of 2018
(LOKENDRA @ NETA Vs THE STATE OF MADHYA PRADESH)
Dated : 24-07-2023
Shri Pradeep Kumar Shrivastava, learned counsel for the appellant.
Shri A.K.Nirankari, learned Public Prosecutor for the respondent-
State.
Heard on I.A. No.12084 of 2023, which is the sixth application under
Section 389(1) of Cr.P.C seeking suspension of sentence and grant of bail
moved on behalf of sole appellant- Lokendra @ Neta.
Appellant so far has undergone jail incarceration of more than 13 years as
transpired during the course of hearing.
Appellant s tand s convicted under Section 364(A)/120 of IPC and
sentenced to undergo life imprisonment with a fine of Rs.20,000/-, with default
stipulations vide judgment o f conviction and order of sentence dated
15.12.2017 by Special Judge (MPDVPK) Act, Joura, District Morena in Special
Case No.09/2015.
A s per prosecution story, on 29.10.2006, at about 10'o clock, in the
night, the brother of the complainant took his buffalo to Jatavar, but at 3'o clock
in the morning, the buffalo came back alone. When Rajendra did not come in
the morning, the complainant went to Jatavar where he came to know from
Natsevak that Rajendra had come with buffalo and when he was drinking water
in the canal, he met him and Rajendra told him to take the buffalo to Sihori.
Ramgovind and his nephew Ramlakhan were giving water to their field for 2-3
days, the complainant reached there and found a broken rope around the neck
of a buffalo tied to a Bamura tree, Ramgovind's foil, blanket, tiffin, safi, etc. It
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/25/2023
10:17:42 AM
is believed that 4-5 unknown miscreants have taken away his brother Rajendra,
maternal uncle Ramgovind and younger maternal uncle Ramprakash's son
Ramlakhan for ransom. Accordingly, FIR was lodged. Upon completion of
investigation, challan was filed. The case was committed to the Sessions Court
for trial. The Sessions Court upon critical evaluation of the evidence placed on
record, convicted and sentenced the present appellant, as aforesaid.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that appellant is innocent
and has falsely been implicated. The Trial Court did not appreciate the relevant
piece of evidence. The judgment is based on surmises and conjectures. He is
presently suffering from bleeding per rectum and is undergoing treatment in jail.
As per communication received from the Superintendent, Central Jail Gwalior,
appellant so far has suffered more than 13 years of jail incarceration out of his
total jail sentence awarded. Appeal is of the year 2018, there is no likelihood of
early hearing of the appeal in near future. Under such circumstances, learned
counsel for the appellant prays for suspension of sentence and grant of bail on
behalf of appellant.
Per contra, learned counsel for the respondent-State opposes the
application, but does not comment upon the aforesaid facts and circumstances
of the case.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, present appeal is of the year 2018 and there is no likelihood of early
hearing of the appeal, in the obtaining facts and circumstances, appellant is held
entitled for suspension of jail sentence.
Accordingly, we allow the application and it is directed that the jail
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/25/2023
10:17:42 AM
sentence of present appellant - Lokendra @ Neta shall remain suspended
and he be released on bail on his furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like
amount to the satisfaction of the trial Court subject to verification of factum
regarding deposit of fine amount. Appellant is directed to appear before the
Registry of this Court on 18.12.2023 and thereafter, on other subsequent dates
as may be fixed by the Registry of this Court in this behalf.
Accordingly, I.A. No.12084 of 2023 stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
Vijay
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/25/2023
10:17:42 AM
