Kamlesh Lodhi vs The State Of Madhya Pradesh
2024 Latest Caselaw 15701 MP

Madhya Pradesh High Court

Kamlesh Lodhi vs The State Of Madhya Pradesh on 27 May, 2024

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3740 of 2024 (KAMLESH LODHI Vs THE STATE OF MADHYA PRADESH)

Dated : 27-05-2024 Shri Brijendra Swaroop Sahu - Advocate for appellant.

Shri Brijendra Kushwaha - Panel Lawyer for State.

Heard on admission.

Admit.

Record of the Court below is available.

Considered I.A.No.8798/2024, which is an application for taking documents on record. For the reasons stated in the application and the documents being relevant, are taken on record. I.A.No.8798/2024 is allowed and disposed of.

Also heard on IA No.7240 of 2024, which is the first application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant.

Vide impugned judgment dated 03.02.2024 passed by the Second Additional Sessions Judge, Narsinghpur in S.T.No.06/2023, the appellant has

been convicted for offence under sections 326 of the Indian Penal Code and sentenced to undergo R.I. for 3 years and fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellants submitted that the appellant is innocent and has been falsely implicated in the crime in question. During the trial, appellant was on bail and he has not misused the liberty given to him by the trial Court. The Trial Court has not properly appreciated the oral and documentary evidence available on record. The appellant is in custody since

17.03.2024. The final disposal of this appeal would take considerable time. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

Learned counsel for State opposed the prayer for suspension of sentence.

Looking to the facts and circumstances of the case, I find it to be a fit case to suspend the jail sentence of appellant and to release him on bail, therefore, without commenting on the merits of the case, the application of appellant 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.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 28.08.2024 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, IA No.7240 of 2024 stands allowed and disposed of. List for final hearing in due course.

(PRAMOD KUMAR AGRAWAL) JUDGE

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