Madhya Pradesh High Court
Pramod Dahiya vs The State Of Madhya Pradesh on 10 May, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4060 of 2022
(PRAMOD DAHIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-05-2022
Shri R.N.Dwivedi, learned counsel for the appellants.
Shri Aditya Narayan Gupta, learned Government Advocate for the
respondent/State.
Shri Gupta, learned Government Advocate takes notice on behalf of the
respondent/State. Now there is no need to issue further notice to the
respondent/State.
Call for the trial Court record.
Heard on I.A.No. 7602/2022, application under Section 389(1) of the
Cr.P.C. on behalf of appellant nos.1, 2, 3 and 6 for suspension of sentence and
grant of bail pending the appeal.
The appellants along with other co-accused persons have been convicted
for commission of offence punishable under Sections 147, 323/149, 452 and
427 of IPC and have been sentenced to undergo 3 months RI, 1 month RI and
3 month RI with fine of Rs.200/-, Rs.500/-, Rs.500/- and 300/- with default
stipulations. Appellants Deepu, Gladwin @ Banti, Sagar and Ajay @ Ajjai have
been convicted for offence under Section 148 also and have been sentenced to
4 months RI and fine of Rs.300/- by Smt. Abhilasha N. Mawar, 3rd ASJ,
Jabalpur vide judgment dated 23.04.2022 in ST.No.7100767/15 (State of MP.
vs. Ajay @ Ajjai and others).
Learned counsel for the appellants has submitted that appellants have
Signature Not Verified
SAN been released on bail by the trial Court till 23.5.2022. During course of trial, they
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2022.05.11 14:31:05 IST
were on bail and have not misused the liberty granted to them by way of bail.
They shall abide by all the conditions whatsoever imposed by this Court.
Therefore, it has been prayed that the appellants be released on bail pending the
appeal.
O n the other hand, learned Government Advocate has opposed the
application for grant of bail to appellants.
I have gone through impugned judgement and the finding recorded by
learned trial Court. Considering the short nature of sentence and the fact that
there is no possibility of hearing of this appeal in near future, I deem it proper to
suspend the remaining jail sentence of the appellants.
Consequently, I.A.No.7606/2022 is allowed. The execution of jail
sentence of appellants- Pramod Dahiya, Pankaj Shrivas, Sagar Balmik
and Praveen @ Raja Shrivas is hereby suspended subject to depositing of
the fine amount, (if not already deposited). It is directed that appellants be
released on bail on their furnishing a personal bond to a sum of Rs.50,000/-
(Rupees fifty thousand only) each with one solvent surety in the like amount
to the satisfaction of the trial court with a further direction to appear before the
trial Court on 26.09.2022 and also on such other dates, as may be fixed by
that Court in this regard during the pendency of this appeal.
List this appeal for final hearing in due course.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
anu
Signature Not Verified
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2022.05.11 14:31:05 IST
