Harnam Singh Lodhi vs The State Of Madhya Pradesh
2024 Latest Caselaw 3304 MP

Madhya Pradesh High Court

Harnam Singh Lodhi vs The State Of Madhya Pradesh on 5 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 504 of 2016 (HARNAM SINGH LODHI Vs THE STATE OF MADHYA PRADESH)

Dated : 05-02-2024 Shri Rohit Sharma - Advocate for the appellant.

Shri Arvind Singh - Government Advocate for the State.

Heard on I.A. No.28923 of 2023, an application under Section 389(1) o f the Cr.P.C for suspension of sentence and grant of bail to appellant - Harnam Singh Lodhi arising out of judgment dated 14.09.2025 delivered in S.T.

No.610/2014 passed by Sessions Judge, Bhopal (MP).

The appellant - Harnam Singh Lodhi has been convicted under Section 302 of the I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits that this is first application and appellant remained in actual custody from 30.03.2014 to 14.09.2015 and from the date of judgment, i.e. 14.09.2015 till date. The prosecution story reduced in writing in para 3 of impugned judgment shows that a sudden quarrel had taken an ugly shape and appellant allegedly poured kerosene oil on Imarat Bai and set

her ablaze. Necessary ingredients for attracting Section 302 of the I.P.C. are absent. Final hearing is not possible in near future. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the present appellant may be suspended.

Learned Government Counsel for the State opposed the prayer on the basis of objection.

Considering the period of custody, story mentioned herein above and without expressing any conclusive opinion on the merits of the case, we deem it

proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A. No.28923 of 2023 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that the appellant - Harnam Singh Lodhi be released on bail on his furnishing a personal 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, District Bhopal on 01.04.2024 and also on such further dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                               (SUJOY PAUL)                                                  (VIVEK JAIN)
                                  JUDGE                                                         JUDGE

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