Avdhesh Dhakad vs The State Of Madhya Pradesh
2022 Latest Caselaw 226 MP

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         THE HIGH COURT OF MADHYA PRADESH
                        Cr.A. No.1753/2021
              (Avdhesh Dhakad & Ors. Vs. State of M.P.)

Gwalior, Dated:-05/01/2022
      Shri Arun Pateriya, learned counsel for appellant No.4.

      Shri Kaushlendra Singh Tomar, learned Public Prosecutor for

the respondent/State.

Shri Ravindra Sharma, learned counsel for the complainant.

Heard on I.A.No.14465/2021, an application under Section

389(1) of Cr.P.C. for suspension of jail sentence moved on behalf of

the appellant No.4 - Smt. Suman.

This criminal appeal has been filed against the judgment dated

27/02/2021 passed by Third Additional Sessions Judge, Gwalior

(M.P.) in ST No. 84/2017 by which appellant No.4 has been convicted

as under:-

    Section        Imprisonment           Fine            In default
  307/34 of IPC      5 years RI         Rs.2,000/-      30 days RI
 for Vishambhar
 307/34 of IPC       5 years RI         Rs.2,000/-      30 days RI
 for Ramdulari
 324/34 of IPC          1 year RI       Rs.1,000/-      15 days RI
   for Pooja

It is submitted by learned counsel for appellant No.4 - Smt.

Suman that the appellants have been wrongly convicted by the trial

Court. There are lots of contradictions and omissions in the evidence

of the prosecution witnesses. Appellant No.4 is a lady aged around 39

years. It is further submitted that fine amount has already been

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1753/2021 (Avdhesh Dhakad & Ors. Vs. State of M.P.)

deposited by appellant No.4. There is no possibility of final hearing of

this appeal in near future. It is further submitted that jail sentence of

appellant No.3- Smt. Jyoti has already been suspended by this Court

vide order dated 07/05/2021. Appellant is ready to abide by any

condition which may be imposed by this Court. Hence, prayed to

suspend the remaining jail sentence of appellant No.4.

Learned State counsel as well as learned counsel for the

complainant have vehemently opposed this application filed for

suspension of jail sentence of appellant No.4. It is further submitted

that one sharp cutting object (Hasiya) has been recovered from the

possession of appellant No.4. Hence prayed to reject this application

for suspension of jail sentence.

Heard learned counsel for the parties and perused the material

documents available on record.

Considering the facts and circumstances of the case as well as

looking to the fact that the appellant is a lady, without commenting on

merits of the case, the application (I.A. No. 14465/2021) is allowed

and it is hereby directed that subject to deposit of fine amount, if not

already deposited, the remaining jail sentence of appellant No.4- Smt.

Suman is hereby suspended and she be released on bail on her

furnishing personal bond of Rs.75,000/- (Rupees Seventy Five

Thousand only) with one solvent surety of the like amount to the

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.1753/2021 (Avdhesh Dhakad & Ors. Vs. State of M.P.)

satisfaction of the concerned Court. The appellant is further directed

to mark her appearance before the Office of this Court on 14/03/2022

and on subsequent dates given by the Office in this regard, till final

disposal of this appeal.

List the case for final hearing in due course.

Let a copy of this order be sent to the Court below concerned

for compliance.

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

(Rajeev Kumar Shrivastava) Judge Shubhankar*

Digitally signed by SHUBHANKAR MISHRA Date: 2022.01.05 16:05:52 +05'30'