Lokendra @ Pintu vs The State Of Madhya Pradesh
2024 Latest Caselaw 3932 MP

Madhya Pradesh High Court

Lokendra @ Pintu vs The State Of Madhya Pradesh on 9 February, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                               CRA No. 591 of 2016
                                    (LOKENDRA @ PINTU Vs THE STATE OF MADHYA PRADESH)

               Dated : 09-02-2024
                          Shri Amar Singh Rathore, learned counsel for the appellant.

                          Shri Sudhanshu Vyas, Govt. Advocate for respondent/State.

1. Heard on I.A.No.2035/2024, which is 5th (repeat) application filed on behalf of the appellant for grant of suspension of jail sentence on the ground of ten years of completion of jail sentence. The appellant has been convicted by

the Additional Sessions Judge, Indore vide judgment dated 11/3/2016 for commission of offence punishable under Section 302 of the IPC and sentenced him to undergo life imprisonment with fine of Rs.3000/-, in lieu of payment of fine, he shall undergo 3 months additional R.I.

2. Learned counsel for the appellant submits that it is a case of circumstantial evidence. The so called eyewitness did not report this matter immediately to the police and the same was reported to the police after 13 days, therefore, his testimony is doubtful. Even otherwise it could be a case of sudden provocation. As per allegation this appellant and two others snatched

the stick from the hand of deceased and gave him a blow. The two other accused persons have not been arrested till date and this appellant has completed more than ten years of jail sentence. This appeal is of 2016 which is not likely to come up for hearing in near future. On such grounds, a prayer for grant of suspension of jail sentence has been made.

4. Per contra, learned Govt. Advocate for respondent/State has opposed

the prayer and prays for rejection of the application for suspension of jail

sentence.

5. On due consideration of the facts and circumstances of the case, so also the fact that the so called eyewitness did not report this matter immediately to the police and the same was reported to the police after 13 days, therefore, his testimony is doubtful, the appellant has completed more than ten years of jail sentence, the appeal is of 2016 and the hearing of this appeal is not likely to come up for hearing in near future, the application for suspension of sentence deserves to be allowed.

6 . Accordingly, I.A.No.2035/2024 is allowed and the execution of remaining jail sentence of the appellant Lokendra @ Pintu S/o. Ashok Chouhan is hereby suspended till the final disposal of this appeal and it is ordered that the

appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 2.5.2024 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

6. List for final hearing in due course.

C.c. as per rules.

                   (VIVEK RUSIA)                                             (PRANAY VERMA)
                       JUDGE                                                     JUDGE

               SS/-