Dharmendra Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 8423 MP

                                    1                           CRA-7251-2021
        The High Court Of Madhya Pradesh
                 CRA No. 7251 of 2021
               (DHARMENDRA DHAKAD Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 07-12-2021
      Shri B.K. Sharma, counsel for the appellant.

      Shri Pramod Pachouri, learned PP for the respondent/State.

Appeal appears to be arguable.

Admit.

Record has been received.

Heard on I.A.No.32672/2021, first application under Section 389 of Cr.P.C for suspension of sentence and grant of bail on behalf of appellant- Dharmendra Dhakad, who stood convicted vide judgment dated 16.11.2021 under Section 308 of IPC and sentenced to undergo RI for three years with fine of Rs.25,000/- with default stipulation.

I t is submitted by counsel for the appellant that the sentence of appellant has already been suspended for a period of 45 days. Fine amount has already been deposited by him. Therefore, looking to this Covid 19 Pandemic scenario, the jail sentence of the appellant is liable to be

suspended till final disposal of this appeal.

Per contra, counsel for the state has opposed the prayer but he could not dispute the factum that the said application has been allowed subject to the verification that fine amount has been deposited.

Considering the facts and circumstances of the case, this court deems it appropriate to allow this application.

Consequently, I.A.No.32672/2021 is allowed and jail sentence of the appellant-Dharmendra Dhakad is suspended. He is directed to be released on b ail subject to verification of the facts as stated by counsel for the appellant herein in above and that the appellant has already deposited the fine amount and on furnishing personal bond in the sum of Rs.50,000/- (Fifty thousand only) with one solvent surety in the like amount to the satisfaction of trial court for his appearance before Registry of this 2 CRA-7251-2021 court on 20.04.2022 and thereafter on all other dates as may be fixed by the office.

List this appeal for final hearing in due course. CC as per rules.

(VISHAL MISHRA) JUDGE

neetu NEETU SHASHANK 2021.12.07 16:58:23 +05'30'