Citation : 2025 Latest Caselaw 1555 MP
Judgement Date : 15 July, 2025
1 CRA-12006-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2525 of 2022
(BANWARI LAL SHARMA Vs THE STATE OF MADHYA PRADESH )
CRA/3686/2024, CRA/12006/2024
Dated : 15-07-2025
In Cr.A. No.2525/2022
None for the appellant-Banwari Lal Sharma.
Shri Manas Mani Verma, learned Public Prosecutor for the
respondent/State.
Shri Mohd. Siddique, learned counsel for the appellant-Ajay Sing alias Vikki alias Vikram.
Shri Manas Mani Verma, learned Public Prosecutor for the respondent/State.
Shri Mohd. Sidddique, learned counsel for the appellant-Lokesh Dangi.
Shri Manas Mani Verma, learned Public Prosecutor for the respondent/State.
Default pointed out by the Registry in Cr.A. No.3686/2024 is ignored as certified copy of the impugned judgment is already available in connected appeal i.e. Cr.A. No.12006/2024.
Since nobody is appearing on behalf of the appellant-Banwari Lal Sharma in Cr.A. No.2525/2022 to press I.A. No.9565/2024, which is second application for suspension of sentence and grant of bail, the same is
2 CRA-12006-2024 dismissed for want of prosecution.
Heard on I.A. No.7120/2024, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant-Ajay Singh alias Vikki alias Vikram Singh Tomar, S/o Late Babu Singh Tomar in Cr.A. No.3686/2024 and I.A. No.30736/2024, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant-Lokesh Dangi, S/o Jamna Prasad Dangi in Cr.A. No.12006/2024.
All these appeals are filed being aggrieved of judgment dated 29/01/2022 passed in S.T. No.239/2015 by the learned Additional Sessions Judge, Special Judge (Electricity Act No.2), Bhopal (MP) whereby
appellants have been convicted in the following manners:-
Accused/Appellant-Ajay Singh alias Vikki alias Vikram Singh Tomar in Cr.A. 3686/2024.
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
Life R.I for Fifteen
302 r/w 34 I.P.C. Rs.3,000/-
Imprisonment days
R.I. for seven R.I for Fifteen
201 r/w 34 I.P.C. Rs.3,000/-
years days
R.I. for Seven
397 IPC nil nil
years
Accused/appellant-Lokesh Dangi in Cr.A. No.12006/2024.
3 CRA-12006-2024 Conviction Sentence Imprisonment Section Act Imprisonment Fine in lieu of fine Life R.I for Fifteen 302 r/w 34 I.P.C. Rs.3,000/-
Imprisonment days
R.I. for seven R.I for Fifteen
201 r/w 34 I.P.C. Rs.3,000/-
years days
R.I. for Seven
397 IPC nil nil
years
R.I. for Fifteen
25(1-1b) Arms Act R.I. for one year Rs.1,000/-
days
At the outset, Shri Mohd. Siddique, learned counsel for the appellant- Lokesh Dangi, S/o Jamna Prasad Dangi in Cr.A. No.12006/2024 prays for withdrawal of I.A. No.30736/2024, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Lokesh Dangi.
Accordingly, I.A. No.30736/2024 is dismissed as withdrawn.
Now I.A. No.7120/2024, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Ajay Singh alias Vikki alias Vikram Singh Tomar, S/o Late Babu Singh Tomar in Cr.A. No.3686/2024 is being considered.
It is submitted that appellant-Ajay Singh alias Vikki alias Vikram Tomar is innocent and he has been falsely implicated in the matter. There are general and omnibus allegation against the appellant-Ajay Singh alias
Vikki alias Vikram Tomar. Injuries caused by Lokesh Dangi are medically corroborated, but, no overt act has been attributed to appellant-Ajay Singh
4 CRA-12006-2024 alias Vikki alias Vikram Singh Tomar. There are good chances of success in appeal, hence, prayer is made to suspend the sentence of appellant-Ajay Singh alias Vikki alias Vikram Singh Tomar and grant him on bail.
Shri Manas Mani Verma, learned Public Prosecutor opposes the prayer for suspension of sentence and grant of bail.
Taking these facts into consideration and 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 the jail sentence of the appellant-Ajay Singh alias Vikki alias Vikram Singh Tomar in Cr.A. No.3686/2024 and release them on bail.
Accordingly, I.A. No.7120/2024 is allowed.
It is directed that on depositing of fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.30,000/- (Rupees Thirty Thousand Only) with two sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 24/11/2025 and on all subsequent dates as may be fixed by the concerned Court, the execution of remaining part of the jail sentence of appellant-Ajay Singh alias Vikki alias Vikram Singh Tomar in Cr.A. No.3686/2024 shall remain suspended and he be released on bail till final disposal of this appeal.
List for final hearing in due course.
Certified copy as per rules.
5 CRA-12006-2024
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH) JUDGE JUDGE ts
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