Dharmendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 6721 MP

                                                                  1                             CRA-1298-2016
                                        The High Court Of Madhya Pradesh
                                                   CRA-1298-2016
                                                  (DHARMENDRA Vs THE STATE OF MADHYA PRADESH)

                                7
                                Indore, Dated : 23-10-2021
                                      Heard through Video Conferencing.
                                      Ms Archana Maheshwari, learned counsel for the appellant.
                                      Mr Valmik Sakargayen, learned counsel for the respondents State.

Heard on I.A.No.16776/2021, which is an application for suspension of jail sentence of appellant Dharmendra, who has been convicted by IV

Additional Sessions Judge, Khargone, District Khargone vide judgment dated 04.03.2015, for commission of offence punishable under Section 302 I.P.C and sentenced to undergo life imprisonment with fine of Rs.5000/-. In default of payment of fine one year additional R.I.

Learned counsel for the appellant by taking this court to the prosecution story submits that on 14-06-2014 because of a sudden quarrel between the appellant and deceased the appellant allegedly used Karchi (Sariya) to assault the deceased Manohar. Because of the said injury Manohar died. Learned counsel for appellant submits that there was no

premeditation or intention to murder the brother-in-law of the appellant. The eye witnesses have turned hostile. The 'Naksha Panchnama' is defective which does not throw any light as to what was the nature of the accommodation/house in which the incident had taken place. The appellant remained in custody since 15-06-2014. The final hearing of this appeal may take time. The prosecution could not make out a case for committing offence under section 302 I.P.C. The remaining jail sentence of the appellant may be suspended.

Learned Public Prosecutor for the State was heard who has opposed the prayer for suspension of jail sentence by contending that the postmortem report, 'Naksha Panchnama' and statement of PW-2 shows that the appellant

Signature Not Verified SAN has been rightly convicted by the court below.

Digitally signed by RASHMI PRASHANT Date: 2021.10.23 18:36:10 IST 2 CRA-1298-2016 Considering the statement of prosecution witnesses who have turned hostile coupled with the fact that appellant already remained in custody for about eight years and final hearing of this appeal is not possible in near future, without expressing any conclusive opinion on merits we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A.No.16776/2021, is allowed. Execution of jail sentence of the appellant-Dharmendra is hereby suspended and it is ordered that the appellant-Dharmendra be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Khargone on 22.12.2021 and also on such other dates, as may be fixed by the trial Court, Khargone, in this regard during the pendency of this appeal.

Certified copy as per rules.

                                   (SUJOY PAUL)                                                 (PRANAY VERMA)
                                      JUDGE                                                            JUDGE


                                rashmi




Signature Not Verified
 SAN



Digitally signed by RASHMI
PRASHANT
Date: 2021.10.23 18:36:10 IST