Raja Lodhi vs The State Of Madhya Pradesh
2024 Latest Caselaw 6090 MP

Madhya Pradesh High Court

Raja Lodhi vs The State Of Madhya Pradesh on 28 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8187 of 2023 (RAJA LODHI Vs THE STATE OF MADHYA PRADESH)

Dated : 28-02-2024 Shri Madan Singh - Advocate for the appellant.

Shri Yogesh Dhande - Government Advocate for the State.

Heard on I.A. No.20821 of 2023, application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Raja Lodhi arising out of judgment dated 26.05.2023 delivered in S.T. No.23/2019

passed by Additional Sessions Judge, Banda, Distt. Sagar.

The appellant has been convicted under Section 147 of the I.P.C. and sentenced to undergo R.I for 1 year with fine of Rs.500/- and under Section 302 of the I.P.C. and sentenced to undergo R.I for Life with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant by taking this Court to the prosecution story urged that the accused person allegedly stopped the deceased, poured kerosene on him and set him ablaze. As per one dying declaration which is Ex.P/7-C, it is appellant Raja, who set the deceased ablaze by putting him on

fire whereas another dying declaration Ex.P/14-C shows that the said role was performed by another accused Ram. Ram got benefit of suspension of sentence on the basis of this contradiction way back on 22.07.2016 in connected CRA No.2879 of 2013. This appellant remained in actual custody for six years. The conviction is mainly based on the aforesaid dying declaration which are contradictory in nature. Thus, the remaining jail sentence of present appellant may be suspended.

Learned Government Counsel for the State opposed the prayer mainly on

the ground that this appellant was absconding for a period of above 7 years.

Considering the order dated 22.07.2016 passed in CRA No.2879 of 2013, prima facie contradictions in two dying declarations and period of custody, 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.20821 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 - Raja 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, Banda, District Sagar on 29.04.2024 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

                          Prar