Madhya Pradesh High Court
Sonu @ Lakhan vs The State Of Madhya Pradesh on 14 February, 2025
1 CRA-3692-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 3692 of 2024
(SHEKHAR Vs THE STATE OF MADHYA PRADESH )
CRA/3808/2024, CRA/3938/2024
Dated : 14-02-2025
Shri Ashish Gupta, learned counsel for the appellants in CRA
No.3692/2024 & CRA No.3808/2024.
Shri Amit Kumar Washinde, learned counsel for the appellant in CRA
No.3938/2024.
Shri Virendra Khadav, learned Public Prosecutor for the respondent/State.
Heard on I.A.No.1667 of 2025 , second application under Section 389 (1) of
Code of Criminal Procedure, 1973 = 430 of Bharatiya Nagarik Suraksha Sanhita, 2023
for suspension of remaining jail sentence and grant of bail on behalf of appellant
Shekhar.
Also heard on I.A.No.930 of 2025 , second application under Section 389 (1)
of Code of Criminal Procedure, 1973 = 430 of Bharatiya Nagarik Suraksha Sanhita,
2023 for suspension of remaining jail sentence and grant of bail on behalf of
appellant Sonu @ Lakhan .
Also heard on I.A.No.1687 of 2025 , second application under Section 389
(1) of Code of Criminal Procedure, 1973 = 430 of Bharatiya Nagarik Suraksha Sanhita,
2023 for suspension of remaining jail sentence and grant of bail on behalf of
appellant Krishna @ Radhe @ Jija .
First applications of all the appellants were dismissed as withdrawn vide
order dated 28.07.2024. Vide judgment of conviction and order of sentence dated
04.03.2024 passed in Sessions Trial No.157 of 2021 by learned 1st Additional
2 CRA-3692-2024
Sessions Judge, Barwani, Dist. Barwani (MP), all the appellants stand convicted
under Section 392 r/w 34 of Indian Penal Code, 1860 and sentenced to undergo 7
years RI with fine of Rs.1000/- with usual default stipulation. Appellant Krishna
@ Radhe @ Jija also stands convicted under Section 25(1-A) of Arms Act and
sentenced to undergo 7 years RI with fine of Rs.1000/- with default stipulation.
Learned counsel for the appellants, while taking exception to this impugned
judgment, submits that appellants are innocent and they have been falsely
implicated in this matter. Trial Court has not appreciated the evidence in its right
perspective. There are material contradictions and omissions in the statement of
the witnesses. Impugned judgment suffers from surmises and conjectures.
Appellant Shekhar has undergone the jail incarceration period from 12.07.2021 to
07.12.2021 and thereafter from the impugned judgment i.e. 04.03.2024, appellant
Sonu @ Lakhan has undergone the jail incarceration period from 04.07.2021 to
27.10.2021 and thereafter from the impugned judgment i.e. 04.03.2024 and
appellant Krishna @ Radhe @ Jija has undergone the jail incarceration period
from 12.07.2021 to 04.12.2021 and thereafter from the impugned judgment i.e.
04.03.2024. It is further submitted that the appeal being of the year 2024 is not
likely to be heard finally in near future. There is a strong case in favour of the
appellants. Hence, under such circumstances prayer is made for suspension of jail
sentence and grant of bail.
Per contra , learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of bail,
regard being had to the nature and the gravity of offence found proved against the
present appellants. He further submits that one case under Section 323 of IPC
3 CRA-3692-2024
along with some other cases have been registered against the appellant Shekhar
and prays for dismissal of the applications.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, coupled with the period of
incarceration, all the facts and circumstances of the case coupled with the fact that
possibility of final hearing of this appeal in near future is bleak, without
expressing any conclusive opinion on merits, I find it to be a fit case to suspend
the remaining custodial sentence of the appellants.
Accordingly, I.A.Nos.1667 of 2025, 930 of 2025 and I.A.No.1687 of 2025
a r e allowed. Subject to deposit of fine amount, if not already deposited the
remaining jail sentence during the pendency of the appeal is hereby suspended and
it is directed that appellants be released on bail on their furnishing personal bond
in sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with separate local
solvent surety of the like amount to the satisfaction of learned trial Court for their
appearance before the Registry of this Court on 25.03.2025 and on all such
subsequent dates, which are fixed in this regard.
Accordingly, the said IAs are disposed off.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
soumya
4 CRA-3692-2024
