Anil Dohare vs The State Of Madhya Pradesh
2021 Latest Caselaw 573 MP

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          THE HIGH COURT OF MADHYA PRADESH,
                          BENCH AT GWALIOR
                              CRA-3473-2020
                       (Anil Dohare Vs. State of M.P.)

Gwalior, Dated : 09/03/2021

      Shri Yash Sharma, learned counsel for the appellant.

      Shri   Neeraj      Dhamanya,     learned     Panel      Lawyer   for    the

respondent/State.

IA No.19053/2020, an application for urgent hearing, is taken up,

considered and allowed for the reasons mentioned therein.

Also heard on I.A. No.12719/2020, 4th application under Section

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

behalf of the appellant - Anil Dohare.

This appeal has been preferred against the judgment dated

14/03/2020 passed by Additional Sessions Judge, Lahar, District- Bhind

(M.P.) in S.T. No.54/2017, whereby the appellant has been convicted and

sentenced as under:-

     Sections               Sentence             Fine (Rs.)        Default
                                                                 Stipulation
  307/34 of IPC            10 Years RI           10,000/-         1 Year RI

Prosecution story found to be proved is that on 28/11/2016 at about

8:30 PM, the complainant- Sandeep was taking dinner inside his home, at

that time, co-accused- Kallu @ Kalyan and the appellant came and called

the complainant. Thereafter, the complainant came out from his house,

then co-accused - Kallu and the appellant started abusing to him and

when the complainant stopped them not to abuse, co-accused- Kallu @

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-3473-2020 (Anil Dohare Vs. State of M.P.)

Kaliyan fired gun shot, due to which, the complainant received injuries in

his stomach. Thereafter, the co-accused and the appellant ran away from

the spot.

Learned counsel for the appellant submits that appellant has been

falsely implicated in this case and he is not concerned with the case

directly or indirectly. He has been wrongly convicted by the learned trial

Court. It is also submitted that the appellant has undergone the sentence

of around one year out of the jail sentence of ten years awarded by the

Trial Court. The appellant was on bail during trial and he has not misused

the liberty granted to him. The appellant is a permanent resident of

District- Bhind (M.P.) and 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 Panel Lawyer appearing on behalf of

the respondent/State opposes the bail application.

Keeping in view of the aforesaid submissions of learned counsel

for the parties and the fact that an early hearing of this case is not

possible, I.A. No.12719/2020 is allowed.

It is, therefore, directed that if appellant deposits the entire fine

amount, if not already deposited, and furnishes a personal bond in the

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-3473-2020 (Anil Dohare Vs. State of M.P.)

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 12th July, 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 and the appellant shall also install Arogya

Setu App. (If not already installed) in the mobile phone.

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

necessary compliance.

Certified copy as per rules.

(S.A. Dharmadhikari) Judge rahul

RAHUL SINGH PARIHAR 2021.03.10 13:12:20 +05'00'