Dhaniram vs The State Of Madhya Pradesh
2021 Latest Caselaw 6007 MP

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          THE HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                            CRR-2303-2021
                    (Dhaniram Vs. State of M.P.)

Gwalior, Dated : 24/09/2021

      Shri A.R. Shivhare, learned counsel for the applicant.

      Shri Awadhesh Parashar, learned Panel Lawyer for the

respondent/State.

IA No.28588/2021, an application for urgent hearing, is taken

up, considered and allowed for the reasons mentioned therein.

Heard on the question of admission.

The revision appears to be arguable, therefore, it is admitted.

Let record of the trial Court be called for.

Also heard on I.A. No.28589/2021, an application under Sectin

397(1) of the Code of Criminal Procedure for suspension of jail

sentence filed on behalf of the sole applicant- Dhaniram.

This revision is directed against the impugned judgment of

conviction dated 16/09/2021 passed by 2 nd Additional Sessions Judge,

Dabra, District- Gwalior (M.P.) in Criminal Appeal No.25/2019

modifying the judgment of conviction and order of sentence passed by

Judicial Magistrate First Class, Bhitarwar, District- Gwalior (M.P.)

vide judgment dated 14/03/2019 in Criminal Case No.182/2017 (RCT)

and the applicant has been convicted and sentenced in following

terms:-

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-2303-2021 (Dhaniram Vs. State of M.P.)

Sections Sentence Fine (Rs.) Default Stipulation 323 of the IPC 6 Months RI 1,000/- -

Learned counsel for the applicant submits that the applicant is

in jail who has been falsely implicated in the case and he was on bail

during trial as well as at the appellate stage and he did not misuse the

liberty of bail granted to him. It is further submitted that in view of

outbreak of COVID-19, detention of the applicant in already

congested prison may be detrimental. There are fair chances of success

of this revision and the applicant cannot be kept in custody for an

unlimited period. Looking to the sentence of the applicant, if

execution of jail sentence of the applicant is not suspended then this

revision will turn infructuous because it cannot be decided within one

year in future. Under these circumstances, the applicant prays that

execution of sentence be suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of the

State opposed the bail application and prayed for its rejection.

Keeping in view the aforesaid submissions of learned counsel

for the parties and the facts and circumstances of the case, I.A. No.

28589/2021 is allowed.

Thus, the execution of jail sentence of the applicant is hereby

suspended subject to deposit of fine amount (if not already deposited)

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRR-2303-2021 (Dhaniram Vs. State of M.P.)

and he be released on bail on furnishing a personal bond in the 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 20/12/2021 and on subsequent

dates as may be fixed by the office from time to time till final

adjudication of this revision. The applicant shall also furnish a written

undertaking that he will abide by all 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.

List the case for final hearing in due course.

Certified copy/e-copy as per rules/directions.

(S.A. Dharmadhikari) Judge

rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab 676d0cde4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.09.24 15:40:43 -07'00'