Jamuna Prasad Lodhi vs The State Of Madhya Pradesh
2024 Latest Caselaw 4419 MP

Madhya Pradesh High Court

Jamuna Prasad Lodhi vs The State Of Madhya Pradesh on 15 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 2095 of 2024
                                           (JAMUNA PRASAD LODHI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-02-2024
                                 Shri Sanjeev Kumar Agrawal, learned counsel for the appellant.

                                 Shri Nitin Goyal - P.L.- appearing on behalf of Advocate General.
                                 Heard on the question of admission.
                                 Let record of the trial court be called for.

                                 Also heard on I.A. No. 3016/2024, which is first application under

                           Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail to the
                           appellant- Jamna Prasad Lodhi. After arguing for some time, learned counsel for
                           the appellant orally prays for temporary suspension of sentence of the appellant
                           since record of the trial court has yet not been received.
                                 Prayer is considered.
                                 This Criminal Appeal under Section 374 (2) of Cr.P.C., 1973 assails the
                           judgment dated 23.01.2024 passed by the Sessions Judge, District Datia in S.T.
                           No. 80/2023, whereby, appellant has been convicted under Section 435 (four
                           counts) of IPC and sentenced him to undergo One year RI with fine of Rs.

                           4,000/- with default stipulation.
                                 Learned counsel for the appellant submitted that learned trial Court has
                           wrongly convicted the appellant without appreciating the evidence properly
                           available on record. Further submission is that there are material omissions and
                           contradictions in the statement of the prosecution witnesses. The sentence of
                           the appellant is already suspended by the trial Court for a limited period.
                           Therefore, learned counsel for appellant at this stage orally prays for grant of
                           temporary suspension of sentence and grant of bail for a limited period.
Signature Not Verified
Signed by: SANJAY
NAMDEORAO DURGEKAR
Signing time: 15-02-2024
06:00:11 PM
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                                  Per contra, learned Public Prosecutor for respondent/State opposed the

application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the facts and circumstances of the case, without commenting on merits of the case, I.A. No. 3016/2024 is allowed to the extent of temporary suspension of sentence for a period of two months. Accordingly, it is directed that appellant be released on temporary bail for a period of two months from the date of his release on his furnishing a personal bond to the tune of Rs. 50,000/-(Rupees Fifty Thousand only) with one solvent surety of

the like amount to the satisfaction of the concerned trial Court.

Temporary bail is given only for two months and the appellant shall have to surrender on completion of the period of two months before the trial Court and the trial Court shall submit surrender report in this regard before this Court on the next date of hearing.

List the case on 11.03.2024.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Durgekar