Dinesh @ Boddi vs The State Of Madhya Pradesh
2021 Latest Caselaw 2461 MP

                                                          1                               CRA-8563-2018
                              The High Court Of Madhya Pradesh
                                         CRA-8563-2018
                                        (DINESH @ BODDI Vs THE STATE OF MADHYA PRADESH)

                      15
                      Jabalpur, Dated : 16-06-2021
                            Through Video Conferencing.
                            Shri Dharmendra Kumar Pandey, counsel for the appellant.
                            Shri Himanshu Tiwari, Panel Lawyer for the respondent/State.

Heard on I.A. No. 5651/2021 filed under Section 389 (1) of Cr.P.C. for suspension of substantive jail sentence.

Appellant Dinesh @ Boddi has been convicted by judgment dated

05/09/2018 passed by 1st Additional Sessions Judge, Maihar, District Satna in S.T. No. 22/2016. The trial Court convicted the appellant for offences under Sections 327 of I.P.C. and 25(1)(1-B)(B) of Arms Act and awarded R.I. for seven years and one year with fine of Rs. 1,000/- respectively.

As per para 37 of the judgment, the appellant remained in custody since 21/10/2015 to 30/04/2016 and 02/09/2016 to 17/02/2017. The trial Court also mentioned that the appellant remained in custody for a period of 11 months and 14 days. After the date of judgment i.e. 05/09/2018, the

appellant is confined in custody.

This is the third application on behalf of the appellant. The first was dismissed as withdrawn on 02/07/2019. Thereafter, the second was again dismissed as withdrawn on 12/02/2020 with liberty to file after completion half of the jail sentence. At present, the appellant has served more than half of the sentence awarded by the trial Court. This appeal will take sufficient time for final disposal.

Therefore, looking to the overall circumstances, the application is allowed. The substantive jail sentence of the appellant will be suspended till final decision of this appeal subject to his furnishing a bail bond worth Rs. 50,000/- (Rupees Fifty thousand only) and a personal bond of the same

Signature SAN Not amount to the satisfaction of the trial Court. Verified

Digitally signed by VAIBHAV YEOLEKAR Date: 2021.06.16 17:17:33 IST 2 CRA-8563-2018 After releasing on bail, the appellant will appear before the Registry of

this Court on 15 th December, 2021 and, thereafter, on other subsequent dates as may be fixed by the Registry.

At the time of releasing the appellant from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the

concerned authority.

C.C. as per rules.

                                                                          (B. K. SHRIVASTAVA)
                                                                                  JUDGE


                      vy




Signature
 SAN      Not
Verified

Digitally signed by
VAIBHAV
YEOLEKAR
Date: 2021.06.16
17:17:33 IST