Madhya Pradesh High Court
Devkinandan @ Rinku Lodhi vs The State Of Madhya Pradesh on 6 August, 2025
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13645 of 2023
(DEVKINANDAN @ RINKU LODHI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 06-08-2025
Shri Rajesh Shukla-Advocate along with Shri Kaushal Purohit -
Advocate for appellants.
Shri B.P.S. Chauhan-Public Prosecutor for respondent/State.
Shri Vivek Kumar Mishra-Advocate for respondent/complainant.
At the very outset, counsel for appellants seeks withdrawal of
I.A.No.11636/2025, first application under Section 389(1) of Cr.P.C. for
suspension of sentence and grant of bail moved on behalf of appellant
No.1-Devkinandan alias Rinku Lodhi.
Prayer noted.
Accordingly, I.A. No.11636/2025 stands dismissed as withdrawn.
Further heard on I.A.No.9835/2025, first application under Section
389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of appellant No.2-Raghvendra alias Nyare.
Present appellant is facing sentence by virtue of judgment dated
20/09/2023 passed by Third Additional Judge to the Court of First
Additional Sessions Judge, Datia in ST No.80/2021; whereby, he has been
convicted and sentenced as under:-
Section Imprisonment Fine
148 of IPC 02 Years' R.I. Rs.1000/- with default
stipulation
302 r/W 149 of IPC Life Imprisonment Rs.5,000/- with default
stipulation
It is the submission of counsel for appellants that trial Court erred in
convicting and awarding jail sentence to present appellant. Date of incident
is 19/10/2020 (around 04:00 am); whereas, Dehati Nalishi is being lodged
on 20/10/2020 (around 09:00 am). Incidentally, one pant shirt was recovered
from the spot and when appellant Raghvendra alias Nyare was arrested on
30/10/2020, then another pant shirt was recovered from his possession and
referred to FSL on 25/01/2021, around 3 months later from the date of
arrest of appellant and from alleged incident. It renders the case of
prosecution vulnerable so far as custody of evidence and its transparency is
concerned. Chain of custody of evidence is to be immutable but here such
immutability lacks. Surprisingly, this report was never exhibited or produced
before the trial Court so that appellant would have put forward his evidence
and cross-examined the witness. In absence thereof, on any such report,
reliance can not be placed. It is further submitted that in Dehati Nalishi and
statement under Section 161 Cr.P.C., present appellant wielded axe;
whereas, court statement of eyewitness Vikram (PW-3) indicates that present
appellant wielded lathi at the time of incident. Such discrepancy is worth
consideration and indicates the nature of allegations/over implication. He
already suffered around 4 years and 9 months of incarceration as pre and
post trial confinement. Present appellant has good case on merits and
hearing of appeal shall take some time. Fine amount has already been
deposited. He undertakes to abide by the terms and conditions as imposed
by this Court. Under such circumstances, he prays for suspension of
sentence and grant of bail to present appellant.
Per contra, counsel for respondent/State as well as complainant
vehemently opposed the application and prayed for its dismissal with
submission that one injury was sustained by deceased as incised wound. He
bears criminal record of two cases.
Heard counsel for the parties and perused the record.
Considering the arguments advanced by counsel for the parties, this
Court intends to allow the application for suspension of sentence
(I.A.No.9835/2025).
If appellant No.2-Raghvendra alias Nyare furnishes bail bond in
the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one
solvent surety of the like amount to the satisfaction of the trial Court that he
shall appear before the Principal Registrar of this Court on 08/10/2025 and
thereafter, on all other subsequent dates as may be fixed by the Office for
appearance, then he shall be released on bail and execution of jail sentence
is suspended till disposal of this appeal, subject to deposit of fine amount.
Present appellant shall mark his presence before concerned Police
Station on first Sunday of every alternate month between 10:30 am to
2:00 pm for the next two years i.e. till August, 2027.
I.A.No.9835/2025 stands disposed of, accordingly.
A copy of this order be sent to the trial Court concerned for
compliance and information.
Certified copy as per rules/directions.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
(Dubey)
