Madhya Pradesh High Court
Bhagwandas Lakhera vs The State Of Madhya Pradesh on 10 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-9273-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9273 of 2023
(BHAGWANDAS LAKHERA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 10-07-2025
Ms. Shikha Dwivedi, Advocate for appellants.
Shri Manas Mani Verma, Public Prosecutor for the respondent -
State.
Heard on I.A.No.9410/2025, which is second application under
Section 430(1) of BNSS, 2023, for suspension of remaining jail sentence
and grant of bail to the appellant No.2-Sachin Lakhera. His earlier bail
application was dismissed as withdrawn.
Appellant No.2-Sachin Lakhera, is aggrieved of the judgment
dated 13.06.2023, passed by the learned II Additional Session Judge,
Bijawar, District Chhatarpur (M.P.), in Special Trial No.37/2020,
whereby, appellant has been convicted for offence punishable under
Section 302/34 of IPC and sentenced to undergo R.I. for life with fine of
Rs.2000/-, Section 325/34 of IPC, he is sentenced to undergo R.I. for 02
years with fine of Rs.500/- and Section 506(ii) IPC, he is sentenced to
undergo R.I. for 02 years with fine of Rs.500/-, with default stipulations,
respectively.
It is submitted that there are omnibus and general allegations
against the present appellant Sachin Lakhera. Main accused persons are
2 CRA-9273-2023
Bhagwandas and Nand Kishore. Being members of the family, there is
a case of over implication. Injuries are not corroborated with the
evidence of Dr. Arun Shukla (PW/10). It is submitted that appellant is in
custody. It is pointed out that there are good chances of success of this
appeal. Hence, prayer is made to suspend the remaining jail sentence of
the appellant No.2-Sachin Lakhera and release him on bail.
Shri Manas Mani Verma, learned Public Prosecutor opposes the
prayer of the appellant No.2-Sachin Lakhera.
After hearing learned counsel for the parties and going through the
record, this Court is of the opinion that it is a fit case to suspend the
remaining part of the jail sentence of the present appellant-Sachin
Lakhera and to release him on bail.
Taking these facts into consideration, fact of incarceration and
other circumstances, it is directed that on depositing the fine amount, if
not already deposited and on furnishing a personal bond to the tune of
Rs.50,000/- (Rupees Fifty Thousand Only), with two solvent sureties in
the like amount to the satisfaction of the Trial Court for his appearance
before the Trial Court on 09.10.2025 and such other dates as may be
fixed by the Trial Court, the execution of remaining part of the jail
sentence imposed upon Appellant No.2-Sachin Lakhera shall remain
suspended and he shall be released on bail till final disposal of this
appeal.
3 CRA-9273-2023
I.A.No.9410/2025, is allowed & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
A.Praj.
