Madhya Pradesh High Court
Lalji Singh vs The State Of Madhya Pradesh on 5 August, 2025
Author: Anand Pathak
Bench: Anand Pathak
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA NO. 5559 OF 2017
(LALJI SINGH & ANR. VS. STATE OF M.P.)
Dated: 05.08.2025
Shri Prashant Sharma - Advocate for the appellants.
Dr. Anjali Gyanani - Public Prosecutor for the
respondent/State.
Heard on I.A.No.15727/2025, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of appellant No.1 - Lalji Singh.
This criminal appeal assails the judgment dated 16-11- 2017 passed in S.T.No.291/2009 by the I Additional Sessions Judge, Bhind whereby appellant No.1 has been convicted as under:
Section Imprisonment Fine 302 of IPC Life Imprisonment Rs.10,000/- with default stipulation. 307 r/w 149 of 7 years' RI Rs.10,000/- with IPC default stipulation. 148 of IPC 3 years' RI Rs.3,000/- with default stipulation.
It is the submission of learned counsel for the appellants that the trial Court erred in convicting and awarding jail sentence to appellant No.1 - Lalji Singh. Appellant No.1 already suffered 8 years 5 months as pre and post trial confinement. Earlier he was granted liberty vide order dated 07-04-2025 to renew the prayer after some time. Earlier he suffered medically also and for IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA NO. 5559 OF 2017 (LALJI SINGH & ANR. VS. STATE OF M.P.) the time being he was granted temporary suspension and he underwent medical treatment at G.B. Pant Hospital, New Delhi. It is further submitted that the time of incident (as per FIR) is 7:30 am on 21-07-2008 but when the deceased (dead body) was taken to hospital at 11:00 am rigor mortis was already set in and rigor mortis usually found over the body after 6 hours of death. This renders the case doubtful. It is further submitted that as per eye-witness account, two fire arm injuries were caused; one by appellant No.1 and another by son of appellant No.1 Malkhan whereas medical report refers the fact that only one bullet was found (one entry wound and another exit wound) therefore, eye- witness account goes contrary to the medical report. Even the testimony of Chaudhary Narendra Singh (DW-1) indicates that point 315 bore rifle is usually having groove, therefore, type of injuries caused to the deceased were apparently from some other weapon. Appellant No.1 is aged 70 years and suffering from different ailments. Looking to his medical condition, period of custody (8.5 years) and evidence surfaced, his case be considered for bail. Appellant No.1 has good case on merits and hearing of appeal would take some time. Thus, prayed for grant of suspension of sentence.
Learned counsel for the State opposed the prayer and IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA NO. 5559 OF 2017 (LALJI SINGH & ANR. VS. STATE OF M.P.) referred criminal record of appellant No.1 which bears 6 cases in which 3 cases were of Section 307 of IPC.
The Hon'ble Supreme Court in the case of Kashmira Singh Vs. The State of Punjab (1977) 4 SCC 291 has observed that it would indeed be a travesty of justice to keep a person in jail for a period of five or six years, if the Court is not able to hear the appeal of an accused within a reasonable period of time. The Supreme Court while observing that unless there are cogent grounds for acting otherwise, the accused be released on bail; suspended the sentence of accused in the said case during pendency of the appeal.
Considering the arguments advanced by learned counsel for the parties and judgments cited above, this Court intends to allow the application for suspension of sentence (I.A.No.15727/2025).
If appellant No.1 - Lalji Singh furnishes bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety of the like amount to the satisfaction of the trial Court that he shall appear before the Principal Registrar of this Court on 10-12-2025 and on all other subsequent dates as may be fixed by the Office for appearance, then he shall be released on bail and execution of jail sentence is suspended till disposal of this appeal, subject to deposit of fine amount.
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA NO. 5559 OF 2017 (LALJI SINGH & ANR. VS. STATE OF M.P.) Appellant No.1 shall mark his presence on the first Sunday of every month before the concerned Police Station between 10:30 am to 2 pm till August, 2027.
Copy of this order be sent to the trial Court concerned for information and necessary compliance.
Certified copy as per rules.
(ANAND PATHAK) (PUSHPENDRA YADAV)
Judge Judge
Anil*
Digitally signed by ANIL KUMAR CHAURASIYA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH ANIL KUMAR BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=8512f40a1a9eaa50b6802d068b51dae27e8 4c266b09d283f0799e67cdc7df50f, CHAURASIYA postalCode=474001, st=Madhya Pradesh, serialNumber=EC534CBB3B245F050119F06F4A296 DD83C765A1E2ACC6EC7D8BD8CBCC9C2446E, cn=ANIL KUMAR CHAURASIYA Date: 2025.08.06 10:38:02 +05'30'