Dinesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5267 MP

                                     1
              IN THE HIGH COURT OF MADHYA PRADESH
                            AT INDORE
                              CRA No. 1000 of 2012
                        (DINESH Vs THE STATE OF MADHYA PRADESH)

Dated : 11-04-2022
      Shri Gaurav Laad, learned counsel for the appellant.

      Shri Kamal Kumar Tiwari, learned G.A for the respondent/State.

Heard on I.A.No.3534/2022, a fourth repeat application seeking suspension of sentence on behalf of the appellants. The earlier three applications were dismissed on 01.08.2014, 20.04.2018 & 28.02.2020 respectively. The present application has been filed on the ground that the appellant has already completed

more than eleven years of incarceration.

Appellant has filed this appeal against the judgment dated 09.08.2012 passed by IIIrd A.S.J, Dhar in Sessions Trial No.220/2011 whereby the trial Court has convicted the appellant under section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.1000/-, in default of payment of fine further RI for 3 months.

Learned counsel for the appellant submits that the entire conviction and sentence of the appellant is based on the dying declaration of the deceased but the prosecution has not examined any doctor to certify that the deceased was in fit

condition to give her statement. He further contended that without corroborating the dying declaration the conviction of the appellant based on the dying declaration is bad in law. Apart from that, no evidence has been led by the prosecution to prove the charge under section 302 IPC. The appellant has already completed more than ten years of jail sentence. He has to look after his child who was 2 years of age at the time of incident, hence prays for suspension of sentence and release of the appellant on bail.

Learned Govt. Advocate appearing for the State opposes the prayer. Considering the facts and circumstances of the case, the arguments advanced by the counsel for the appellant and the period of sentence already undergone by the appellant, without commenting on the merit of the case, the application is allowed. The appellant is directed to be released on bail on his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with

one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 19.09.2022 and on such further dates as may be fixed in this behalf during the pendency of this appeal.

C.c as per rules.

      (VIVEK RUSIA)                                (AMAR NATH (KESHARWANI))
          JUDGE                                             JUDGE

hk/

          Digitally signed by HARI
          KUMAR C G NAIR
          Date: 2022.04.12 18:53:10
          +05'30'