SC dismisses SLP seeking lifting of stay on MLA Prahlad Lodhi’s sentence

SUPREME Court of India on Friday dismissed Special Leave Petition (SLP) filed by the Madhya Pradesh Government seeking lifting of stay ordered by the Madhya Pradesh High Court last month.

 

 

Pawai MLA Prahlad Lodhi 

 

The MP High Court had stayed the conviction of Pawai MLA Prahlad Lodhi till January 7, 2020 in a two-year-old case.

 

Earlier, the Bhopal Special Court had convicted MLA Prahlad Lodhi under Section 147 of the IPC imprisonment RI for six months with a fine, under sections 341 of the IPC imprisonment and fine and under sections 500, 353 & 332 of the IPC, imprisonment for two years with fine. Thereafter, the appellant had filed criminal appeal before the High Court challenging judgement of Bhopal court.

 

Single bench of MPHC had directed in the criminal appeal filed by MLA Prahlad Lodhi challenging order of the Bhopal Court that ‘the conviction and sentence of appellant Prahlad Lodhi shall remain suspended till January 7, 2020, on his depositing the fine amount, if not already deposited, and on his furnishing a personal bond of Rs 40,000 with one solvent surety in like amount to satisfaction of the Trial Court for his appearance before the Trial Court on November 31, 2019, and all other subsequent dates, as may be fixed by the Trial Court in this regard.

 

Single bench had added that if the appellant is found indulged in any criminal activity during suspension of his conviction and sentence, then suspension of conviction and sentence granted in this case shall stand cancelled.

Thereafter, the Madhya Pradesh Government filed SLP before the Supreme Court of India challenging High Court’s order.

Senior Advocate Kapil Sibal with Senior Advocate Vivek Tankha appeared on behalf of the State of Madhya Pradesh, while Senior Advocate Mukul Rohatagi with Senior Advocate Purushaindra Kaurav and Advocate Harmeet Singh Ruprah, Advocate on record, Supreme Court appeared for MLA Prahlad Lodhi.

 

Case of prosecution against the appellant before the Trial Court was that witness R K Verma, the then Tehsildar, stopped the tractor and trolley which was illegally carrying sand and asked for papers. Driver of the vehicle was not having any paper, then this witness seized the tractor, prepared s

 

eizure memo thereafter handed over the tractor at Police Chowki, Hardua and while this witness coming back from police chowki along with his driver Kamlesh Lodhi, Nirpat Singh, Chowkidar (Kotwar) Ummed Singh and Rajendra Prasad, the appellant along with other co-accused stopped the vehicle of this witness and gave a blow of wooden stick on the vehicle, held collar of this witness and punched his mouth, Chowkidar and clerk saved this witness, then the appellant along with other co-accused after hurling filthy words threatened to life and went away from the spot.