Lokman vs The State Of Madhya Pradesh
2024 Latest Caselaw 21466 MP

Madhya Pradesh High Court

Lokman vs The State Of Madhya Pradesh on 7 August, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                               1                             CRA-2679-2016
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 2679 of 2016

(LOKMAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 07-08-2024 Shri Jagat Kumar Dehariya - Advocate for the appellants. Shri Vijay Kumar Pandey - Dy. Govt. Adv. for the State.

Heard on I.A No.13463/2024, which is 5th application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant 2- Bablu arising out of judgment dated 08.09.2016 delivered in Special Case No.

200036/2010 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Katni.

The appellant 2 Bablu has been convicted for the offence punishable under Sections 341 IPC and sentenced to undergo R.I. for 1 month, Section 302 IPC and sentenced to undergo R.I. for life with fine of Rs. 50,000/-, Section 302 r/w Section 34 IPC and sentenced to undergo R.I. for life with fine of Rs.50,000/-, Section 307/34 IPC and sentenced to undergo R.I. for 7 years with fine of Rs. 10,000/- and Section 323/34 IPC and sentenced to undergo R.I. for 1 year along with default stipulations.

Learned counsel for the appellant submits that co-accused Kallu and

appellant Bablu both were armed with lathi and the co-accused Kallu has already been granted bail by this Court in connected Cr. Appeal no.3068/16 vide order dated 24.05.2024. He submits that the appellant -Bablu has not caused any deadly injury to the deceased persons namely Suresh and Ummed and the eye witness Jithua (PW-1) and other witnesses have also not supported the prosecution story. The appellant has already completed actual custody of 11 years 4 months. The

2 CRA-2679-2016 final hearing of this appeal in near future is not possible. With these submissions, learned counsel prays for suspension of sentence and grant of bail to the appellant 2-Bablu.

With the support of written objection, learned counsel appearing for the State opposed the prayer for grant of suspension of sentence, however, he does not dispute the factum of custody period of the accused.

Considering the aforesaid factual backdrop and looking to the period of custody of the appellant 2 Bablu i.e. 11 years 4 months and the fact that there is no possibility of final hearing of this appeal in near future, but without expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant 2 Bablu.

Accordingly, I.A No.13463/2024 is allowed/disposed off .

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant 2 Bablu be released on bail on his furnishing a personal bail bond for a sum of Rs.30,000/- (Rupees Thirty 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, Katni, on 14.10.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List for final hearing in due course along with connected cases.

                              (DWARKA DHISH BANSAL)                             (ACHAL KUMAR PALIWAL)
                                     JUDGE                                              JUDGE


                         pb