Dhuliya vs The State Of Madhya Pradesh
2021 Latest Caselaw 5525 MP

                                                                 1                                  CRA-1658-2018
                                        The High Court Of Madhya Pradesh
                                                   CRA-1658-2018
                                              (DHULIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                7
                                Indore, Dated : 16-09-2021

                                      Shri Manish Yadav, learned counsel for the appellants.
                                      Shri Yashpal Rathore, learned Panel Lawyer for for the
                                respondent/State.

Heard on I.A.No.23494/2021, which is an application filed under Section 389 of Cr.P.C for suspension of jail sentence of appellants

Dhuliya and Kasan, who have been convicted by the Additional Sessions Judge, Jhabua, District Jhabua for the offence punishable under sections 323/34 and 304-1/34 of IPC vide judgment dated 25.09.2017 passed in Sessions Trial No.88/2011 and have been sentenced to undergo one year and seven years each R.I. with fine of Rs.2,000/- each with default stipulation.

The application has been filed on the ground that out of the total period of jail sentence of seven years awarded to the appellants they

have already undergone jail sentence of six years, two months and ten days as on 14.08.2021 as is evident from the certificate dated 24.08.2021 issued by the Superintendent District Jail Jhabua in that regard.

Counsel for the appellants submits that since the appellants have already suffered major jail sentence awarded to them and the hearing of the appeal is still likely to take a considerable period of time they deserves to be enlarged on bail.

Counsel for the respondent/State has opposed the application and has submitted that there is direct allegation against the appellants of them having assaulted the deceased on his death without any fault. The witnesses have made such statements which are corroborated by other evidence collected during investigation. Signature Not Verified SAN

Digitally signed by JYOTI CHOURASIA Date: 2021.09.17 18:06:35 IST 2 CRA-1658-2018 In view of the fact that the appellants have already undergone imprisonment for a period of more than six years and two months out of jail sentence of seven years awarded to them and the fact that the hearing of the appeal is likely to take time, in my opinion the circumstances as of now warrant release of the appellants Dhuliya and Kasan on bail.

Consequently, application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.23494/2021 is allowed and it is directed that on furnishing a personal bond by appellants no.1 & 2 in the sum of Rs.1,00,000/- (Rupees One Lac) each with a solvent surety each in the like amount to the satisfaction of the learned trial Court, for their regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against appellants no.1 & 2 shall remain suspended, till the final disposal of this appeal.

The appellants no.1 & 2, after being enlarged on bail, shall mark thier presence before the concerned trial Court on 21.12.2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(PRANAY VERMA) JUDGE

jyoti

Signature Not Verified SAN

Digitally signed by JYOTI CHOURASIA Date: 2021.09.17 18:06:35 IST