Dhaniram Alais Dhanni vs The State Of Madhya Pradesh
2022 Latest Caselaw 15532 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 9940 of 2022
                                      (DHANIRAM ALAIS DHANNI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 24-11-2022
                                 Shri Ashish Vishwakarma, learned counsel for the appellant.

                                 Shri     A.N.     Gupta,    learned    Government      Advocate      for   the
                           respondent/State.

None for respondent No.2 despite service of notice. Trial Court record has been received.

Heard on admission.

Prima facie this appeal seems to be arguable; hence, admitted for final hearing.

Also heard on I.A.No.20472/2022 an application under Section 389(1) of the Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

The appellant has been convicted for commission of offence punishable under Section 353 of IPC under Section 3(1)(s) of SC/ST (Prevention of Atrocities) Act and has been sentenced to 6-6 month RI and fine of Rs.2,000/- 2,000/- with default stipulation vide judgment dated 17.10.2022 passed in SC/ATR No. 197/2018 (State of M.P. vs. Dhaniram @ Khanni) by Special

Judge SC/ST(PoA) Act, Katni.

Learned counsel for the appellant has submitted that in the course of trial, appellant was on bail. He has not misused the liberty granted to him by bail during trial. It is further submitted that only six month rigorous imprisonment has been awarded and there is no possibility of hearing of this appeal in the near future. Therefore, if execution of jail sentence is not suspended, the purpose of filing of this appeal would become futile. Hence, it has been prayed that Signature Not Verified Signed by: AMITABH RANJAN Signing time: 11/25/2022 12:41:33 PM

appellant/accused be released on bail.

O n the other hand, learned Government Advocate for the respondent/State has opposed the prayer for grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is n o 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.20472/2022 is allowed. The execution of jail sentence of appellant - Dhaniram @ Dhanni is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his 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 30.02.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 11/25/2022 12:41:33 PM