Lalaram vs The State Of Madhya Pradesh Thr.
2023 Latest Caselaw 16531 MP

                                   1

     IN THE HIGH COURT OF MADHYA PRADESH

                           AT GWALIOR
                            CRA-181-2016

          (LALARAM Vs. STATE OF MADHYA PRADESH)

DATED:- 06-10-2023

      Shri Anoop Nigam - Advocate for the appellant.
      Shri Rajesh Kumar Shukla- Additional Advocate General for
the respondent/State.

Heard on I.A. No.2231/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant - Lalaram.

This criminal appeal assails the judgment dated 23/12/2015 passed in S.T. No.141/2014 by Additional Session Judge, Pichhore, District- Shivpuri (M.P.), whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

302 of IPC Life Imprisonment 100/- 1 Month RI Prosecution case, in brief, is that on 16/04/2014, complainant- Batan Bai lodged a Dehati Nalisi to the effect that today at about 12- 01:00 PM, appellant came to her house to bring her elder sister who was living there for last one month. At about 4:30 PM, when she alongwith her sister was sitting at her home, at that time, appellant came there and said to her sister to come with him and when her sister denied, appellant got anger and assaulted on the back side of her neck by means of an Axe, due to which, she fell down and blood started oozing out. Thereafter, appellant assaulted on her back twice

by means of Axe, due to which, she sustained injuries and blood started oozing out. On listening her cries, Gyanwati came there. Thereafter, appellant fled away from the spot. Deceased died on the spot due to said incident. On the basis of aforesaid, FIR bearing Crime No.85/2014 was registered against the appellant for the offence punishable under Section 302 of IPC. Appellant was arrested and after completion of investigation, charge-sheet has been submitted. Trial Court upon critical evaluation of the evidence placed on record, convicted and sentenced the present appellant for the offence as mentioned above.

Learned counsel for the appellant, while taking exception to the impugned judgment of conviction and order of sentence, submits that the trial Court has not appreciated the evidence available on record in correct perspective and judgment based thereupon is full of surmises and conjectures. It is further submitted that appellant has suffered nine years and five months incarceration and he is the permanent resident of District- Shivpuri (M.P.). There are fair chances of success of this appeal. On these grounds, learned counsel for the appellant prays for execution of jail sentence and grant of bail to the appellant.

On the other hand, learned Additional Advocate General for the respondent/State opposes the application supporting the judgment impugned and submits that no exception can be taken in the matter of suspension of sentence and grant of bail to the appellant looking to the nature and gravity of the offence.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions touching merits of

the case, but regard being had to the fact that appellant has suffered nine years and five months' incarceration, the application deserves to be allowed.

Accordingly, we allow I.A. No.2231/2023 and it is directed that jail sentence of appellant- Lalaram shall remain suspended during pendency of the present appeal and he be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety of the like amount to the satisfaction of trial Court subject to verification of factum regarding deposit of fine amount. Appellant- Lalaram is directed to appear before the Registry of this Court first on 11/12/2023 and on other subsequent dates as may be fixed in this regard.

Accordingly, I.A. No.2231/2023 stands allowed and disposed of.

Observations on facts, if any, are only for the purpose of deciding the instant IA and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

                                              (ROHIT ARYA)                                           (AVANINDRA KUMAR SINGH)
                                                 JUDGE                                                      JUDGE

RAHUL      Digitally signed by RAHUL SINGH PARIHAR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

rahul GWALIOR, postalCode=474001, st=Madhya Pradesh,

SINGH 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676 d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D4 87, serialNumber=0275C4F803F94C47998BE5C534E21BDED910F

PARIHAR D4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.10.06 18:26:31 +05'30'