Dharmendra Kumar Rai vs The State Of Madhya Pradesh
2022 Latest Caselaw 9574 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2718 of 2022 (DHARMENDRA KUMAR RAI Vs THE STATE OF MADHYA PRADESH)

Dated : 13-07-2022 Shri S.K. Tiwari, learned counsel for the appellant.

Shri Himanshu Tiwari, learned Panel Lawyer for the State. Shri Abhilash Dubey, learned counsel for the complainant. Complainant - Ram Prasad Rai is present in person. He is duly identified by his counsel. His presence is marked.

Heard on I.A. No.4928/2022, which is first application filed on behalf of the

appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court under Section 326 of the I.P.C. and sentenced to R.I. for 05 years with fine of Rs.2000/-, with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. It is also submitted that due to small dispute between the parties, accused inflicted axe blow over the head of complainant as a result he received lacerated wound sizing about 4 cm. It is further submitted that complainant and accused person are close relatives and complainant is ready to enter into compromise with the accused. The appellant is in custody since the

date of judgment. Final disposal of this appeal would take considerable time. Hence, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. Learned counsel for the complainant has submitted that dispute has been settled between the parties and complainant is ready to compromise the matter with accused and he has no objection, if the jail sentence of the appellant is suspended.

Looking to the facts and circumstances of the case, period of custody and Signature Not Verified SAN

taking into account that complainant is ready to compromise the matter with the Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.07.13 18:10:07 IST accused and he has no objection, if the jail sentence of the appellant is suspended, I find

it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 08.12.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.The appellant shall regularly appear before the trial Court concerned on every date, without fail.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.07.13 18:10:07 IST