Pramod Alias Lakhi Kaurav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9249 MP

                                                     1

                           IN THE HIGH COURT OF MADHYA PRADESH
                                        AT GWALIOR
                                             CRA-6916-2022
                      (Pramod @ Lakhi Kaurav & Ors. Vs . STATE OF MADHYA PRADESH)

             DATED:- 20-06-2023

                       Shri Pradeep Katare- Advocate for the appellants.
                       Smt. Anjali Gyanani- Public Prosecutor for the respondent/State.

Shri Jitendra Sharma- Advocate for the complainant. Per Justice Deepak Kumar Agarwal:

Heard on I.A. No.7533/2023, 1 st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.1- Pramod @ Lakhi Kaurav.

This criminal appeal assails the judgment dated 20/7/2022 passed in S.T. No.100069/2015 by the 1 st Additional Sessions Judge, Gohad, District- Bhind, (M.P.), whereby the appellant has been convicted under Sections 147, 148, 307, 323/149 of IPC with maximum sentence of 10 years RI.

Allegation against the appellant is of inflicting Farsa blow on the head of injured Avinash.

Learned counsel for the appellant submits that co-appellants Ravindra and Jitendra have been granted suspension of sentence by this Court vide order dated 24.4.2023 and the case of present appellant is similar to that of co-appellants. During trial, he remained in custody from 26.10.2014 to 27.1.2015 and thereafter from the date of judgment i.e. 20.7.2022 he is in custody. The appeal is of 2022 and final hearing of the appeal will take time. Under these circumstances, the execution of jail sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf Signature Not Verified of the respondent/State opposed the bail application and prayed for Signed by: MADHU SOODAN PRASAD Signing time: 21-06-2023 10:41:00 AM

rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that early hearing of this case is not possible in near future, I.A. No.7533/2023 is allowed.

It is, therefore, directed that if appellant No.1- Pramod @ Lakhi Kaurav deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 11th December, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

IA No.7533/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules.

                (ROHIT ARYA)                              (DEEPAK KUMAR AGARWAL)
                   JUDGE                                          JUDGE
   ms/-




Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 21-06-2023
10:41:00 AM