Pawan Dhakad vs The State Of Madhya Pradesh
2022 Latest Caselaw 5446 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5346 of 2017 (PAWAN DHAKAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 13-04-2022 Mr. Amit Dubey, Advocate for the appellant.

Mr. Santosh Yadav, Panel Lawyer for the State. Considered I.A.No.14785/2020, which is the third application u/s 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant - Ankit Dhakad. His first application was dismissed as withdrawn,

vide order dated 10.10.2018 and thereafter, second application was dismissed on merits on 08.07.2019.

The appellant is aggrieved by the impugned judgment dated 16.11.2017

passed by 3rd Additional Session Judge, Raisen Link Court Bareli , District Raisen (M.P.) in Session Case No.119/2016, whereby the appellant has been convicted for offences under Section 302 r/w Section 34 of I.P.C. and sentenced to undergo imprisonment for life with fine of Rs.10,000/-, R.I. for 1 years with fine with default stipulations.

Learned counsel for the appellant submitted that appellant has been

falsely implicated in this case. The appellant is aged about 19 years at the time of incident. He is a son of the main accused Pawan Dhakad. There was a quarrel between the main accused and the deceased wherein the present applicant had caught hold the deceased and the main accused Pawan inflicted single blow of knife on the abdomen causing the death of the deceased Gulab Dhakad. The role of the present appellant is different from the co-accused person. Applicant is in custody since the date of incidence and the appeal will take considerable time in its final disposal, therefore, prayer has been made to suspend the sentence of appellant.

Learned Panel Lawyer has opposed the prayer for bail and suspension of sentence.

Signature Not Verified SAN

Looking to the aforesaid facts and circumstances of the case, we are of Digitally signed by DEVESH K SHRIVASTAVA Date: 2022.04.13 17:21:49 IST

the opinion that further sentence of the appellant is hereby suspended and he is

entitled to be released on bail, therefore, without commenting on merits of the case, the application is allowed.

It is directed that on depositing fine amount, if not already deposited, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

Only) with a surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant - Ankit Dhakad shall remain suspended during the pendency of this case and he be released on bail.

The appellant shall appear before the concerned trial Court on 22.08.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.14785/2020 stands disposed of. List in due course.

                                  (SMT. ANJULI PALO)                             (PRAKASH CHANDRA GUPTA)
                                        JUDGE                                             JUDGE

                                DevS




Signature Not Verified
  SAN




Digitally signed by DEVESH K
SHRIVASTAVA
Date: 2022.04.13 17:21:49 IST