Shankar @ Bade Singh Lodhi vs The State Of Madhya Pradesh
2024 Latest Caselaw 6124 MP

Madhya Pradesh High Court

Shankar @ Bade Singh Lodhi vs The State Of Madhya Pradesh on 28 February, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 8680 of 2022
                                      (SHANKAR @ BADE SINGH LODHI Vs THE STATE OF MADHYA PRADESH)

                         Dated : 28-02-2024
                               Shri Nitin Dubey - Advocate for appellant.

                               Smt.      Ranjana    Agnihotri     -   Dy.    Government      Advocate   for
                         respondent/State.

Shri Ranbeer Singh - Advocate for objector.

Heard on I.A No.5035/2024, which is second application under Section

389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offence punishable under Section 307 of IPC on two counts and sentenced to undergo R.I. for 7 years and with fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the oral and documentary evidence available on record a n d committed error in convicting the appellant for aforesaid offence. Appellant is in custody and appeal would take considerable time to conclude.

He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsels for the State as well as objector have opposed the application and prayed for its rejection.

Heard counsel for the parties and perused the judgment and record of the court below.

This is second application filed under the provision of Section 389 (1) of

Cr.P.C. seeking suspension of sentence.

T he first application was dismissed by this Court on 18.07.2023 on merits. The reason for dismissal of first application was that the two injured persons supported the prosecution case but now both these injured persons namely, Dal Singh and Vinita have submitted before this Court through their counsel Shri Ranbeer Singh that these injured persons have no objection in allowing the application under consideration. Although the Vakalatnama of Shri Ranbeer Singh is not available on record but it is being reflected in the website and copy thereof has been filed by him today on record.

Having considered the fact that two injured persons have no objection in

allowing the application and the third injured was declared hostile before the trial Court itself, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 17.05.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid application stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA)

JUDGE NP