Pramod Alias Lakhi Kaurav vs The State Of Madhya Pradesh
2023 Latest Caselaw 4513 MP

                                                       1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                CRA No. 6916 of 2022
                           (PRAMOD ALIAS LAKHI KAURAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

               Dated : 21-03-2023
                           Shri Sushil Goswami, learned counsel for appellants No.3 and 4-

               Bahadur Singh and Govind Singh.
                           Shri    G.P.Chaurasiya,      learned    Public     Prosecutor     for   the
               respondent/State.

Dr. J.S.Kushwah, learned counsel for the complainant.

Heard on IA.No.3300/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants No.3 & 4- Bahadur Singh and Govind Singh.

In brief prosecution case is that on on 24.10.2014 complainant Hemant along with his brother Avinash was going to perform Goverdhan Puja, at that juncture, near the field of Sobran, accused Lakhi @ Pramod, Jitendra, Jardan, Ramadhar, Ramjilal, Somesh, Bahadur Singh, Govind, Ravi Singh came and on the dispute of watering the field accused Lakkhi @ Pramod and Jitendra assaulted on the head of Avinash by means of Farsa, due to which blood

started oozing out and he fell down. Thereafter, accused Jardan Singh, Ramautar Singh, Ramjilal, Ramadhar, Somesh, Govind, Bahadur and Ravi assaulted with Lathi. When the complainant tried to intervene in the matter, accused persons also committed Marpeet with him with Lathi and kicks and fists. Father of complainant Jagdish and brother Deepu and Sonu came to the spot, then accused persons fled from the spot. On lodging the report, crime Signature Not Verified was registered against the appellants and co-accused persons. Signed by: MADHU SOODAN PRASAD They were Signing time: 21-03-2023 04:26:27 PM arrested. After investigation, charge-sheet has been filed. After trial, appellants

have been convicted for the offence under Sections 147, 148, 307/149 and 323/149 of IPC with maximum sentence of 10 years RI.

I t is submitted by learned counsel for the appellants that during trial appellants were on bail, but they did not misuse the liberty so granted. During trial, they remained in custody from 26.10.2014 to 8.1.2015 and thereafter from the date of judgment i.e. 20.7.2022 they are in custody. Only omnibus allegation of causing injury to injured by means of Lathi has been levelled against the appellants. Fatal blow has been caused by accused Lakkhi @ Pramod and Jitendra. Appellants have a good case on merits. Hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State as well as complainant opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.3300/2023 is allowed and it is directed that jail sentence of appellants No.3 & 4 Bahadur Singh and Govind Singh will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 4th September, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

Signature Not Verified
Signed by: MADHU
SOODAN PRASAD                                                    (DEEPAK KUMAR AGARWAL)
Signing time: 21-03-2023
04:26:27 PM
                                                                          JUDGE

               ms/-




Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 21-03-2023
04:26:27 PM