Dharmendra Alias Monu Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 4216 MP

                                      1
             The High Court of Madhya Pradesh
                                                      Cr.A.No.6872/2019

        Dharmendra alias Monu Sharma Vs. State of M.P.
Gwalior dated 25.3.2022
      Shri Kanhaiya Singhal and Shri Samar Ghuraiya, learned counsel
for the appellant.
      Shri    Pramod   Pachauri,   learned   Public   Prosecutor    for
respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.11734/2020, 1st application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant -

Dharmendra alias Monu Sharma.

Prosecution case in brief is that on 18.12.2011 complainant

Ramesh gave an information to police Station, Gormi, Distt. Bhind that

a dead-body of a male is lying in the field of mustard. Merg

No.40/2011 under Section 174 of Cr.P.C. was recorded. Merg was

enquired. Dead-body was identified as of Rambabu by Shankar Singh,

Vakeel Singh, Bhure Khan. After Merg enquiry, offence under Sections

302 and 201 of IPC was registered at crime No.254/2011. During

investigation, statements of the witnesses were recorded. At the behest

of appellant/accused one country-made pistol, one key of Qualis

vehicle and one mobile were seized. He was arrested. After

investigation, charge-sheet has been filed against appellant and three

others. After trial, learned trial Court convicted the appellant under

Sections 302, 394, 201 of IPC and Section 25(1-b)(a) of the Arms Act

and sentenced him to undergo life imprisonment with fine of

Rs.5,000/-, 10 years RI with fine of Rs.3,000, 3 years RI with fine of

The High Court of Madhya Pradesh Cr.A.No.6872/2019

Rs.2,000/- and 1 year RI with fine of Rs.1,000/- respectively.

It is submitted by learned counsel for the appellant that present

case is based on circumstantial evidence. Appellant has been implicated

in the crime on the basis of his memorandum and seizure. Deceased

Rambabu was driver of Wahid Khan (PW-6). As per statement of

Wahid Khan, deceased Rambabu was going along with four persons

towards Bhind, out of them one person was Pappu Yadav. It is true that

L.P.Chanderiya (PW-10), the then SHO, has stated that at the behest of

appellant, he seized, country-made pistol, key of Qualis vehicle and

mobile, but the witnesses of memorandum and seizure Shafi Ahmad

(PW-4) and Munnawar Khan (PW-3) have not supported the

prosecution case and declared hostile. During trial, appellant remained

in custody from 14.1.2012 to 21.4.2012 and 17.7.2019 to 18.7.2019

and thereafter from the date of judgment i.e. 18.7.2019 till today. He

has a good case on merits. Final hearing of the appeal will take time.

On such premises, learned counsel for the appellant prayed for bail.

Learned counsel for the State opposed the application and prayed

for its rejection.

Looking to the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.No.11734/2020 is

allowed and it is directed that jail sentence of appellant will remain

under suspension subject to verification that the amount of fine has

been deposited, on appellant's furnishing bail bond of Rs.50,000/-

The High Court of Madhya Pradesh Cr.A.No.6872/2019

(Rupees Fifty Thousand Only) with one solvent surety of the like

amount to the satisfaction of concerned Trial Court for his appearance

before the Principal Registrar of this Court on 29th August, 2022 and

thereafter on such further dates as may be fixed by the office of this

Court in this regard till disposal of the appeal.

C.c. as per rules.

                    (Rohit Arya)                     (Deepak Kumar Agarwal)
                       Judge                                Judge
ms/-

 MADHU
 SOODAN
 PRASAD
 2022.03.25
 16:24:59 +05'00'