Citation : 2025 Latest Caselaw 6181 MP
Judgement Date : 18 August, 2025
1 CRA-5690-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5690 of 2024
(RAMSINGH LODHI @ HAKKU LODHI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 18-08-2025 Shri Surendra Singh - Senior Counsel assisted by Shri O.P. Agnihotri - Advocate for the appellants.
Shri Arvind Singh - Government Advocate for the State of M.P.
Heard on I.A.No.30139 of 2024 , which is second application
under Section 389 (1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on behalf of appellant no.1- Ramsingh Lodhi @ Hakku Lodhi and appellant no. 3- Kamlesh, S/o Nanhe Singh Lodhi and appellant no.4- Nanhe Singh Lodhi.
At the outset, learned counsel for the appellants prays for withdrawal of I.A.No.30139 of 2024 , which is second application for suspension of sentence and grant of bail under Section 389 (1) of Cr.P.C. filed on behalf of appellant no.4-Nanhe Singh Lodhi.
The same is dismissed as withdrawn in regard to appellant no.4-
Nanhe Singh Lodhi.
The appellants are aggrieved of judgment dated 22/04/2024 passed by learned Ist Additional Sessions Judge, Gadarwara, District Narsinghpur, M.P. in S.T. No.175 of 2018, whereby the appellant no.1- Ramsingh Lodhi @ Hakku Lodhi and appellant no. 3- Kamlesh, S/o Nanhe Singh Lodhi have been convicted and sentenced separately as
2 CRA-5690-2024 below :-
Appellant no.1- Ramsingh Lodhi @ Hakku Lodhi has been convicted and sentenced as under :-
Conviction S e n t e n ce
Section Act Imprisonment Fine if Imprisonment
fine deposited in lieu of Fine
details
302/34 IPC Life Rs.500/- R.I. for 6
Imprisonment months.
323 (on two IPC R.I. 6-6 nil nil
counts) months.
Appellant no. 3- Kamlesh S/o Nanhe Singh Lodhi has been
convicted and sentenced as under :-
Conviction S e n t e n ce
Section Act Imprisonment Fine if Imprisonment
fine deposited in lieu of Fine
details
302/34 IPC Life Rs.500/- R.I. for 6
Imprisonment months.
323 (on two IPC R.I. 6-6 nil nil
counts) months.
It is submitted that the appellant nos. 1 and 3 are innocent. The main allegation is against Dashrath Lodhi of causing injuries to the deceased with 'Katarna' and Nanhesihngh Lodhi of causing injuries on the deceased with lathi. There are general and omnibus allegations. In
3 CRA-5690-2024 para-14 of cross - examination of PW-1 admitted that if he has not mentioned in dying declaration court statement etc. that Ram Singh and Kamlesh had also beaten his mother with a lathi, then he cannot give any explanation for such omission. There are good chances of success as far Ram Singh and Kamlesh are concerned.
Learned Government Advocate opposes the prayer for suspension of sentence.
After hearing learned counsel for the parties and considering the fact that there appears to be good chances of success in appeal, without commenting on merits of the case, this Court is of the opinion that it is a fit case to suspend the remaining part of jail sentence of appellant no.1- Ramsingh Lodhi @ Hakku Lodhi and appellant no. 3- Kamlesh, S/o Nanhe Singh Lodhi and release them on bail.
Accordingly, I.A.No.30139 of 2024 is allowed. It is directed that on depositing fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand only) each alongwith two sureties in the like amount each to the satisfaction of the trial Court for their appearance before the trial Court on 28.10.2025 and on all subsequent dates as may be fixed by the concerned Court, the execution of remaining part of the jail sentence of appellant no.1- Ramsingh Lodhi @ Hakku Lodhi and appellant no. 3- Kamlesh, S/o Nanhe Singh Lodhi shall remain
suspended and they be released on bail till final disposal of this appeal.
4 CRA-5690-2024 List for final hearing in due course.
C.C. as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH) JUDGE JUDGE bks
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