Lalla @ Ramnaresh vs The State Of Madhya Pradesh Thr.
2023 Latest Caselaw 15265 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             CRA No. 932 of 2015
               (LALLA @ RAMNARESH Vs THE STATE OF MADHYA PRADESH THR.)

Dated : 15-09-2023
      Shri Hemant Singh Rana - Advocate for appellant.

      Shri Shiraj Qureshi - Public Prosecutor for respondent/State.

Heard o n I.A. No.15434/2023, which is sixth repeat application under Section 389(1) of Cr.P.C. moved on behalf of appellant- Lalla @ Ramnaresh. His last one application (IA No. 5533/2022) was dismissed as withdrawn vide

order dated 30.09.2022 .

Appellant Lalla alias Ramnaresh stands convicted under Section 302, 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.5000/- and under Section 460 of IPC and sentenced to undergo ten years' RI with fine of Rs.1000/-, with default stipulations vide judgment of conviction and order of sentence dated 9th July, 2015 passed by Second Additional Sessions Judge, Dabra, District Gwalior (Madhya Pradesh) in Sessions Trial No.579/2013.

As per report dated 02.09.2023 received from Central Jail, Gwalior, the

present appellant so far has undergone jail sentence of 10 years and 3 days without remission and 13 years 7 months 25 days with remission.

A s per prosecution story, on 8.7.2013 at 12 o'clock in the night deceased Kinna alias Krishna Kumar, Deepak, Balli, Murari and Ragini were sleeping in the room. Murari and Balli were sleeping on a cot and deceased and Deepak were on another cot and Ragini was sleeping on the floor and the door was unlocked and there was light flashing out of a bulb outside the room. There was enmity between accused Gouri Shankar and deceased over the issue of

construction of wall. At 12 o'clock in night, present appellant Lalla, co-accused Mahesh and Gouri Shankar came there. On hearing voice of co-accused Gouri Shankar, Ragini, Murari and Balli woke up. Gouri Shankar fired first shot on the chest of deceased, thereafter co-accused Mahesh and present appellant fired from Adhiya hitting over the deceased's chest and stomach. The deceased died on the way while taking to hospital with the help of 108 ambulance. An FIR was lodged at crime No. 39/2013. The post-mortem of the body of deceased was performed, spot map was prepared, during investigation accused persons were arrested and after completion of investigation, charge sheet was filed and the case was committed to the Sessions Court. The Sessions Court upon critical

evaluation of the evidence placed on record has convicted and sentenced the appellant as referred above.

Shri Rana, learned counsel for the appellant while taking exception to the impugned judgment of conviction and order of sentence submits that the impugned judgment is based on surmises and conjectures and suffers from vice of perversity. There are material omissions and contradictions in the statements of prosecution witnesses recorded during trial if compared with the statements recorded under Section 161 of CrPC, as well evident from the facts came on record that in the case of co-accused Mahesh the alleged eye witnesses have turned hostile contrary to the statement recorded under Section 161 CrPC and they deposed against the appellant. Main accused Gouri Shankar has already passed away. Even otherwise, the present appellant has already suffered jail incarceration of 10 years and 3 days without remission and 13 years 7 months 25 days with remission. Hence, learned counsel prays for suspension of sentence and grant of bail to appellant Lalla alias Ramnaresh primarily on the ground of long jail incarceration.

Per contra, learned counsel for the respondent-State opposes the application supporting the impugned judgment with submission that the present appellant had actively participated in the crime due to which the deceased suffered homicidal death. Therefore, no exception can be taken in the matter of suspension of jail sentence.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon rival contentions so advanced touching merits of the case, but keeping in view the long period of jail incarceration suffered by the appellant, in our opinion, the appellant is is held entitled for extension of benefit of suspension of jail sentence.

Accordingly, we allow the application and it is directed that the jail sentence of appellant Lalla alias Ramnaresh shall remain suspended during pendency of present appeal and he be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the Registry of this Court first on 22.11.2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A. No.15434/2023 stands allowed and disposed of. Observations on facts, if any, are only for the purpose of deciding the

instant I.A. and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

  (ROHIT ARYA)                                                             (ANAND PATHAK)
     JUDGE                                                                     JUDGE

yog                                               YOGESH
                                                  VERMA
                                                  2023.09.15
                               VALSALA
                               VASUDEVAN
                               2018.10.26
                               15:14:29 -07'00'
                                                  17:25:16
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