Madhya Pradesh High Court
Lattu @ Kashiram vs The State Of Madhya Pradesh on 10 October, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6369 of 2021
(LATTU @ KASHIRAM Vs THE STATE OF MADHYA PRADESH)
Dated : 10-10-2023
Shri Shreyas Pandit- Advocate for the appellants.
Shri Vivek Lakhera, G.A for the respondent/State.
Heard on I.A. No.21431/2023, third application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant pending the
appeal.
Appellant's earlier two bail applications under section 389 Cr.P.C were
dismissed as withdrawn and not pressed vide orders dated 13.07.2022 and
27.1.2022.
Appellant has been convicted for commission of offence under Sections
326 and 323/34 of IPC and has been sentenced to undergo R.I. for 10 years
and fine o f Rs.2,000/- in the first count while R.I six months in the second
count with default stipulations vide judgment dated 05.08.2021 delivered by
Sessions Judge, Damoh District Damoh, in S.T. No.2100065/2016 (State of
M.P. Vs. Lattu @ Kashiram).
Learned counsel for the appellant has submitted that appellant has not
committed any offence. He has been erroneously convicted by the trial Court
as it has not taken into consideration the medical evidence in proper
perspective. No x-ray was got conducted and there is no evidence on record
that any fracture was found on the person of injured Sanju. It was a simple case
of 325 of IPC but the learned Judge without taking into consideration the
factum that weapon used was hard and blunt has convicted the appellant for
Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 10/11/2023
6:05:34 PM
commission of aforesaid offences. Besides that the evidence of prosecution
witnesses is full of omissions and contradictions and same have also not been
considered in proper perspective. The appellant has fair chance to succeed in
the appeal. It is further submitted that appellant has already suffered more than 2
years and two months in jail. There is no possibility of hearing of this appeal in
near future. Therefore, it has been prayed that the execution of jail sentence of
appellant may be suspended and he may be released on bail.
On the other hand, learned counsel for the respondent/State has opposed
the grant of bail to appellant.
Considering the custody period of the appellant and other evidence on
record, I am inclined to suspend the remaining jail sentence of the appellant.
Consequently, I.A. No.21431/2023 is allowed. The execution of jail
sentence of appellant- Lattu @ Kashiram is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that he be
released on bail on his furnishing a personal bond to a sum of Rs.50,000/-
(Rupees fifty thousand only) with one solvent surety of the like amount to the
satisfaction of the trial court with a further direction to appear before the trial
Court on 20.12.2023 and also on such other dates, as may be fixed by that
Court in this regard during the pendency of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
MKL
Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 10/11/2023
6:05:34 PM
