Madhya Pradesh High Court
Hakam Singh Lodhi vs The State Of Madhya Pradesh on 1 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-6517-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6517 of 2024
(KHILAN SINGH @ KHILLU SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
CRA No. 7254 of 2024
(HAKAM SINGH AND ANOTHER Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 01-07-2025
Shri Madan Singh - Advocate for the appellants in Criminal Appeal
No.6517 of 2024.
Shri Makbool Khan - Advocate for the appellants in Criminal Appeal
No.7254 of 2024.
Shri Manas Mani Verma - Public Prosecutor for the respondent-State.
Heard on I.A. No.1898/2025, I.A. No.4268/2025 and I.A.
No.4271/2025 filed in Criminal Appeal No.6517/2024, applications under
Section 389(1) of the Cr.P.C./430(1) of the Bhartiya Nagrik Suraksha
Sanhita, 2023 for suspension of sentence and grant of bail to appellant No.6
Halle @ Halle Bhai Lodhi S/o Man Singh Lodhi, appellants No.2 and 5
Raghvendra Singh S/o Khilan Singh Lodhi and Teji @ Teji Singh S/o Halle
Bhai Lodhi and appellant No.1 Khilan Singh @ Khillu Singh S/o Man Singh
Lodhi, respectively. Also, heard on I.A. No.30034/2024 filed in Criminal
Appeal No.7254/2024, an application under Section 430(1) of the Bhartiya
Nagrik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail
to appellants Hakam Singh Lodhi S/o Shri Pahad Singh Lodhi and Pancham
Singh Lodhi S/o Hakam Singh Lodhi.
The appellants are aggrieved of the judgment dated 25.05.2024 passed
by the learned Special Judge, Scheduled Caste and Scheduled Tribe
2 CRA-6517-2024
(Prevention of Atrocities) Act, 1989, Jabalpur (M.P.) in case
No.SCATR/43/2022, whereby each of the appellants stands convicted and
sentenced as under:-
Conviction Sentence
Section Act Imprisonment Fine Imprisonment in lieu of fine
302/34 I.P.C. Life Imprisonment Rs.1,000/- R.I for 6 months.
325/34 I.P.C. R.I. for 2 years Rs.500/- R.I. for 3 months.
324/34 I.P.C. R.I. for 1 year - -
323/34 I.P.C. R.I. for 6 months - -
It is submitted by the learned counsel for the appellants that these are
first application on behalf of appellants Khilan @ Khillu, Halle @ Halle
Bhai, Hakam and Pancham and second application on behalf of Raghvendra
and Teji.
It is submitted that as per PW-9 Dr. C.K. Atroliya, who had conducted
MLC on deceased Munna Lal Gond and other injured persons, namely, PW-
1 Rohini Bai, PW-2 Ram Singh and PW-3 Balram Gond, it has come on
record that there were simple injuries to Balram Gond and Rohini Bai.
Fracture contacted by Rohini Bai on her wrist could have been sustained on
account of fall as opined by PW-5 Dr. Rajkumar Pachlaniya.
PW-9 Dr. C.K. Atroliya also opined that Munna Lal Gond had an
injury caused by sharp and hard object. Similarly, injured witness PW-2 Ram
Singh sustained grievous injuries caused by hard and sharp object. There are
no injuries of lathi, etc. either sustained by Munna Lal Gond or Ram Singh.
It is also submitted that there is a counter case registered under Section 325
of IPC against the complainant party. Thus, it is submitted that there are
good chances of success in this appeal. Hence, prayer is made to suspend the
remaining jail sentence of the appellants and to release them on bail.
3 CRA-6517-2024
Shri Manas Mani Verma, learned Public Prosecutor for the
respondent-State, in his turn, opposes the prayer for suspension of sentence
and grant of bail.
After hearing learned counsel for the parties and going through the
record, it is evident that appellants, namely, Khilan Singh @ Khillu and
Halle @ Halle Bhai were armed with sickle (Hansiya). As per FSL report
human blood was found on sickle. That apart, PW-9 (Dr. C.S. Atroliya) has
corroborated injuries on body of deceased Munna Lal Gond to have been
caused with a Hasiya. Therefore, we decline to grant benefit of suspension of
sentence in favour of Khilan Singh @ Khillu Singh and Halle @ Halle Bhai
Lodhi. Accordingly, I.A. No.1898/2025 and I.A. No.I.A. No.4271/2025 are
hereby dismissed.
However, looking to the period of incarceration as well as general and
omnibus allegations made against appellants Raghvendra Singh, Teji @ Teji
Singh, Hakam Singh Lodhi and Pancham Singh Lodhi, so also the fact that
the appeals are going to take time for disposal, without commenting on the
merits of the case, we are of the considered opinion that this is a fit case to
suspend the remaining jail sentence of Raghvendra Singh, Teji @ Teji Singh,
Hakam Singh Lodhi and Pancham Singh Lodhi and to release them on bail.
Accordingly, I.A. No.4268/2025 and I.A. No.30034/2024 are allowed.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.30,000/-
(Rupees Thirty Thousand Only) each with two solvent sureties each in the
like amount to the satisfaction of the Trial Court for their appearance before
4 CRA-6517-2024
the Trial Court on 08.10.2025 and on such other dates as may be fixed by the
Trial Court, which shall not be more than two times in a year, the execution
of remaining part of the jail sentence imposed upon appellants,
namely, Raghvendra Singh, Teji @ Teji Singh, Hakam Singh Lodhi and
Pancham Singh Lodhi, shall remain suspended and they shall be released on
bail till final disposal of these appeals.
Accordingly, I.A. No.4268/2025 and I.A. No.30034/2024 are allowed
and I.A. No.1898/2025 & I.A. No.4271/2025 are dismissed.
Let the appeals be listed for final hearing in Part-B of the cause list as
per its turn and seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
pp
