Madhya Pradesh High Court
Dharmendra vs The State Of Madhya Pradesh on 8 December, 2021
Author: Rajendra Kumar (Verma)
1 CRA-1397-2020
The High Court Of Madhya Pradesh
CRA No. 1397 of 2020
(DHARMENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 08-12-2021
Ms. Sonali Gupta, learned counsel for the appellant.
Shri Kapil Mahant, learned Panel Lawyer for the respondent/State.
Heard on I.A. No.28298/2021, a repeat (second) application
application filed under section 389(1) of CrPC for suspension of
sentence and grant of bail on behalf of appellant No.4-Hiru.
T h e appellant No.4-Hiru has been convicted for the offence
punishable under sections 399/149, 402/149 of IPC, 1860 and Section
25(1-b)(b) of Arms Act, 1959 and sentenced to undergo 05 years, 5 years
and one year R.I with fine and default stipulation by the judgment dated
30/01/2020 passed by the 1st Additional Sessions Judge, Sendhwa,
District Barwani in Sessions Trial No.15/2018.
Learned counsel for the appellant has submitted that appellant
No.4-Hiru has been convicted for five years and he has already
completed more than two and half years in custody (more than half of his
jail sentence). It is also submitted that co-accused/appellant No.5 -
Chandu @ Sanjay has been enlarged on bail and the remaining sentence
has been suspended vide order dated 09/08/2021. Further appellant No.1
Dharmendra, appellant no.3-Sheetal and appellant no.6-Rakesh have also
been enlarged on bail and their remaining sentence has been suspended
vide order dated 08/11/2021 after considering the period of
incarceration suffered by them. It is further submitted that here is no
chance of early hearing of this appeal and it will take considerable time
for final disposal of the appeal. Therefore, looking to his custodial
period, the conviction of the appellant may be suspended and he may be
released on bail.
Signature Not VerifiedDigitally signed by
SAN SUMATHI
JAGADEESAN
Date: 2021.12.10
17:37:57 IST
2 CRA-1397-2020
Learned Panel Lawyer, on the other hand, opposed the application
for suspension of sentence.
Looking to the facts and circumstances of the case, the contention
of the learned counsel for the appellant and the fact that the appellant has
remained in jail for more than two and half years, the application is
allowed.
It is directed that the execution of the jail sentence alone passed
against the appellant no.4-Hiru shall remain suspended during the
pendency of this appeal and he be released on bail subject to depositing
the fine amount, if already not deposited and upon furnishing a personal
bond in the sum o f Rs.50,000/- (Rs. Fifty Thousand only) with one
solvent surety in the like amount to the satisfaction of the trial Court for
his appearance before the Registry of this Court on 27/01/2022 and on
such further dates as may be fixed in this behalf by the Registry during the
pendency of this appeal.
T h e jail authorities and the State Government are directed to
follow the guidelines issued by the Health Ministry in the wake of Novel
Corona Virus, before and after releasing the appellant no.4-Hiru.
With the aforesaid I.A. No.28298/2021 stands disposed of.
List the appeal for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR (VERMA))
JUDGE
sumathi
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SUMATHI
JAGADEESAN
Date: 2021.12.10
17:37:57 IST
