Madhya Pradesh High Court
Lavkush vs The State Of Madhya Pradesh on 26 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 14223 of 2023
(LAVKUSH Vs THE STATE OF MADHYA PRADESH)
Dated : 26-02-2024
Shri B.K. Sharma- Advocate for the appellant.
Shri A.K. Nirankari-Public Prosecutor for respondent/State.
Heard o n IA No. 23139/2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant - Lovekush.
Present appellant stood convicted under Sections 307/149, 148 &
323/149 ofIPC and sentenced to undergo imprisonment for life with a fine of
Rs.50,000/-, RI for thee years with a fine of Rs.10,000/-, RI for one year with a
fine of Rs.1,000/- respectively with default stipulations vide judgment of
conviction and order of sentence dated 26/10/2023 passed by Additional
Sessions Judge, Lahar to the Court of Additional Sessions Judge, Lahar,
District (M.P.) in Sessions Trial No.10/2023.
The present appellant so far has undergone actual jail sentence of 4
months.
As per prosecution story, on the date of incident i.e. 13/8/2023, accused
Chukhru hurled abuses to complainant Lal Singh and when at about 10:00 in the
night, complainant reached his home then at that time at the scene of incident
i.e. outside the house of complainant, Ward No.8 Kasba Daboh, accused
Chukhru & Sooraj hit the doors of the house of complainant by legs and when
complainant Lal Singh and his wife Mamta came out of the house then Chukhru
inflicted axe blow on their right cheek causing injury, due to which blood started
oozing out. Accused Sooraj Assaulted them by means of stick (danda). When
Lal Singh intervened then Chukhru by means of butt of the axe and Sooraj by
means of stick (danda) assaulted him and caused injuries. This incident was
witnessed by Govind Singh & Chotu Gurjar who intervened. Accused persons
threatened for dire consequences. On the basis of such information, given by
complainant, at Police Station Daboh, the FIR was registered. Investigation was
set in motion. Upon completion of investigation including recording of
statements, collection of evidence and necessary formalities, challan was filed.
The case was committed to the Sessions Court for trial. The Sessions Court on
appreciation of evidence placed on record convicted and sentenced the present
appellant as mentioned above.
Learned counsel for the present appellant while taking exception to the
impugned judgment of conviction and order of sentence, inter alia, submits the
present appellant has falsely been implicated in the present case and the
judgement is based on surmises and conjectures. It is further submitted by
learned counsel for appellant that present appellant's name did not find place in
the FIR. In fact, he has been implicated later on based on statements recorded
under Section 161 Cr.P.C. of complainant Lal Singh (PW-8) & his wife Mamta
(PW-9), however, the Medical Evidence belies the story of prosecution as the
injuries alleged to have been inflicted by him are not corroborated with the
MLC. That apart, present appellant has already suffered incarceration of 4
months. Appeal is of the year 2023 and there is no likelihood of its early hearing
in the near future. On these grounds, learned counsel submits that the present
appellant may be extended the benefit of suspension of sentence and grant of
bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that present appellant has already suffered
incarceration of four months coupled with the fact that the appeal which is of
the year 2023 is not likely to be decided in the near future, in the obtaining facts
and circumstances, we are of the view that present appellant is entitled to the
benefit of suspension of sentence and grant of bail.
Accordingly, IA No. 23139/2023 stands allowed and it is directed that
the jail sentence of present appellant-Lovekush shall remain suspended during
pendency of the present appeal and he shall be released on bail subject to
verification of the factum of depositing the fine amount and 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.
Appellant - Lovekush is directed to appear before the Registry of this
Court first on 30.05.2024 and thereafter, on other subsequent dates as may be
fixed in this behalf.
Accordingly, the said IA 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) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
(Dubey)
