Dharmendra Rajak vs The State Of Madhya Pradesh
2021 Latest Caselaw 4687 MP

             HIGH COURT OF MADHYA PRADESH,
                   BENCH AT GWALIOR
                       Cr.A. No.3584/2021
       (Dharmendra Rajak Vs. The State of Madhya Pradesh)
                                 (1)

Gwalior, dated : 25.08.2021

      Shri Shivraj Singh Bhadoriya, learned counsel for the

appellant.

      Shri P.P.S.Bajeeta, learned Public Prosecutor for the

respondent/State.

I.A. No.17984/25021, an application for urgent hearing is

considered and allowed.

Heard on I.A. No.17986/2021, an application under Section 5

of Limitation Act.

As per office report, the appeal has been filed within time

granting COVID-19 relaxation in the light of Apex Court judgment.

Appeal seems to be arguable, hence, admitted for final

hearing.

Heard on I.A. No.17985/2021, an application under Section

389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved

on behalf of the sole appellant - Dharmendra Rajak.

This appeal has been preferred against the judgment dated

16.03.2021 passed by Sessions Judge, Gwalior (M.P.) in S.T.

No.506/2018, whereby the appellant has been convicted as under:-

       Sections            Sentence      Fine (Rs.)      Default
                                                       Stipulation
   Sec.436 of IPC         4 Years R.I.   Rs. 3,000/-    6 Months
                                                          R.I.

Sec.324 of IPC (Two 6-6 months R.I. Rs.1,000/- 15-15 days R.I.

Rs.1,000/-

counts) HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.3584/2021 (Dharmendra Rajak Vs. The State of Madhya Pradesh)

Prosecution story found to be proved against the appellant is

that on 07.09.2018 at about 9.00 a.m some altercation took place

between the sister of the complainant and the appellant. Thereafter,

on 08.09.2018 at about 2.00 in the night, appellant came to the house

of the complainant and closed the door from the outside and set the

house at fire, due to which complainant and his cousin brother

received injuries.

Learned counsel for the appellant submits that the appellant

has been wrongly convicted and he was on bail during trial and he

has not misused the liberty granted to him. It is also submitted that

the appellant has undergone the sentence of near about six months

out of the jail sentence awarded by the Trial Court. The fine amount

has already been deposited by him. It is further submitted that in

view of outbreak of COVID-19, detention of the appellant in already

congested prison may be detrimental. The appellant is a permanent

resident of District- Gwalior (M.P.). There are fair chances of

success of this appeal and the appeal may take long time for its

conclusion and the appellant cannot be kept in custody for an

unlimited period. Under these circumstances, the execution of

sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on

behalf of the respondent/State opposes the application for suspension

of sentence and grant of bail.

Keeping in view the aforesaid submissions of learned counsel

for the parties and the facts and circumstances of the case so also the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.3584/2021 (Dharmendra Rajak Vs. The State of Madhya Pradesh)

fact that there is no likelihood of early disposal of appeal in near

future, I.A. No.17985/2021 is allowed.

It is, therefore, directed that if appellant- Dharmendra Rajak

deposits the entire fine amount, if not already deposited, and

furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty

Thousand Only) with one solvent surety of the like amount to the

satisfaction of trial Court for his appearance before the Registry of

this Court on 6th December, 2021 and on such subsequent dates as

may be fixed in this regard, sentence of imprisonment awarded to

him shall remain suspended till further orders and he shall be

released on bail.

The appellant shall also furnish a written undertaking that he

will abide by the terms and conditions of various circulars, as well

as, orders issued by the Central Government, State Government and

local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of

Corona virus.

A copy of this order be sent to the trial Court concerned for

compliance.

List the case for final hearing in due course.

Certified copy as per rules/directions.

(S.A.Dharmadhikari) Judge Shanu

SHANU RAIKWAR 2021.08.25 16:27:09 -07'00'