Laljiram @ Pandaji vs The State Of Madhya Pradesh
2023 Latest Caselaw 16665 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                        CRA No. 2991 of 2023
                                            (LALJIRAM @ PANDAJI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 09-10-2023
                                   Shri Yogesh Puronit, learned counsel for the appellant.

                                   Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.

Heard o n I.A. No.13952/2023, which is first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant - Laljiram alias Pandaji.

2. Appellant has been convicted vide judgement of conviction and order o f sentence dated 09.12.2022 passed by the 1st Additional Sessions Judge, District - Rajgarh in Case No. S.T. No.122/2021 as mentioned below:

                                 CONVICTION                               SENTENCE
                                                      Imprisonment           Fine         Default Stipulation
                           302 r/W 34 of IPC    Life Imprisonment       Rs. 2000/-      R.I. For 03 months

3. The prosecution story found to be proved is that on 18.12.2020, when Kamal Singh did not return home till 4:00 p.m., Golu - son of the deceased went in search of his father. At 7:00 p.m., when he went out in search

of the deceased, he met one of the co-accused Laljiram Panda (the present appellant) on the way and on asked about his father, Laljiram told him that after taking liquor, his father went to Shailendra 's agricultural field. He went there also, but did not find his father. Thereafter, he alongwith his uncle Bharat Singh kept searching for Kamal Singh and while returning back, found the deceased lying dead in the agricultural field of Badrilal. On the basis of suspicion, cse has been registered against the appellant alongwith other co-accused Rameshwar and Laljiram.

Signature Not Verified Signed by: JAGADISHAN AIYER Signing time: 09-10-2023 17:31:10

4. Learned counsel for the appellant submits that appellant has been falsely implicated in the case. There is no eye-witness to the incident. The entire case is based on circumstantial evidence. Ghanshyam (PW-10) and Udham Singh (PW-16) are the seizure witnesses, who have turned hostile. Even, Golu (PW-3) and Kanta Bai (PW-6) have stated that there was no previous animosity between the decreased and the appellant. Golu(PW-3) and Antar Singh(PW-7) appears to be the last seen witnesses who have also turned hostile. It is further submitted that there are weak evidence with regard to last seen and it is a settled principal that unless and until, the chain is complete , the accused persons cannot be convicted. Appellant has suffered more than 18 months of custody.

Appeal is of the year 2023 and, therefore, final hearing of this appeal is not possible in near future. Hence, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

5. On the other hand, learned Government Advocate for the respondent/State has supported the impugned judgment and opposed the application with the submission that clothes were recovered from the appellant which contain human blood and no explanation has been put forth as to how, blood was found on the clothes. Moreso, appellant has not put in a considerable period of custody as against the sentence of life imprisonment. Hence, no case for grant of suspension of sentence is made out.

6. We have heard learned counsel for both the parties and perused the record.

7. Considering all the facts and circumstances of the case coupled with the fact that final hearing of the appeal will take long time in near future, without commenting on the merits of the case, we are of the opinion that the jail

Signature Not Verified sentence of appellant is liable to be suspended. Signed by: JAGADISHAN AIYER Signing time: 09-10-2023 17:31:10

8. Accordingly, I.A.No.13952/2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing 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 learned trial Court, the execution of remaining custodial part of the sentence of the appellant - Laljiram alias Pandaji shall remain suspended, till final disposal of this appeal. The appellant after being enlarged on bail shall mark his presence before the trial Court on 22/12/2023 and thereafter on all such subsequent dates, as may be fixed in this behalf.

9. IA No. 13952/2023 stands disposed off.

List the case for final hearing as per its turn.

Certified copy as per rules.

                              (S. A. DHARMADHIKARI)                                        (PRANAY VERMA)
                                       JUDGE                                                   JUDGE

                           Aiyer




Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 09-10-2023
17:31:10