Madhya Pradesh High Court
Lalbai vs The State Of Madhya Pradesh on 29 May, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6917 of 2023
(LALBAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 29-05-2024
Shri Samar Singh Rajput - Advocate for appellant No.3 Lala @ Lalu.
Shri Abhay Raj Singh Chouhan - Panel Lawyer for respondent/State.
Heard on I.A. No.8628 of 2024 for suspension of sentence and grant of
bail to appellant no.3- Lala @ Lalu arising out of judgment dated 19.05.2023
delivered in Sessions Trial No.72/2021 by Additional Sessions Judge Harsud,
District Khandwa (M.P.) is taken up.
The appellant no.3 has been convicted under Section 302/149 of IPC and
sentenced to undergo R.I. for life with fine of Rs.500/- and under Section 148
of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.500/- with
default stipulations.
Learned counsel for the appellant 3 submits that the role allegedly played
by this appellant is similar to that of co-accused Tulsiram @ Tulya and Kaliram
@ Kaliya who have got benefit of suspension of sentence vide order dated
08.09.2023 & 03.11.2023. Learned counsel submits that on the basis of parity,
similar treatment may be given.
Prayer is opposed by learned Panel Lawyer for respondent/State
however he did not dispute the existence of factum of parity.
This Court while suspending the jail sentence of Tulsiram @ Tulya on
08.09.2023 recorded as under:-
"Learned counsel for the appellant submits that as
per prosecution story on 28.02.2021 when Rama
on his motorcycle was going towards Kalyanpur,
at around 6:30 pm in a bridge of Warsal river the
accused persons stopped him and assaulted him
by means of different weapons. The
appellant/applicant Tulsiram was held guilty on the
statement of Mukesh (PW-8) and on the basis of
FSL report (Ex. P/41) in which blood was found
on the shirt and stick of the appellant Tulsiram
(Ex. L/1 & K) as per FSL report (P/41).
I t is submitted that appellant/accused has been
falsely implicated by the police. There were no
reliable evidence on which the conviction could
have been based. There are glaring material
contradiction and omission. Co-accused Lalbai
has been granted benefit of suspension of sentence
b y I.A. No.12223/2023 on 21.08.2023. Final
hearing of this appeal is not possible in near future.
Thus, it is prayed that remaining jail sentence of
present appellant No.4 Tulsiram may be
suspended.
T h e prayer is opposed by learned Government
Advocate on the basis of objection.
Considering the fact that co-accused Lalbai has
been given benefit of suspension of sentence
although mainly on the ground that she was a
married woman and in facts and circumstances of
the case, but nature of allegation in sum and
substance of the case are of similar nature
regarding appellant Tulsiram also, final hearing of
this appeal is not possible in near future therefore,
without expressing any opinion on merits, we deem
it proper to suspend the remaining jail sentence of
this appellant.
Accordingly, I.A No.21437/2023 is allowed."
Applying the principles of parity we deem it proper to give similar
treatment to the appellant 3 - Lala @ Lalu.
Accordingly, I.A. No.8628 of 2024 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant no.3 - Lala @ Lalu is hereby suspended
and it is directed that this appellant no.3 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 each of the like amount to the satisfaction of the trial Court
with a further direction to appear before the trial Court Harsud, District
Khandwa on 20.08.2024 and also on such other dates as may be fixed by the
trial Court in this regard during the pendency of this appeal.
List for final hearing in due course.
Certified copy as per rules.
(DWARKA DHISH BANSAL) (ACHAL KUMAR PALIWAL)
JUDGE JUDGE
SN
