Dinesh Tyagi vs The State Of Madhya Pradesh
2022 Latest Caselaw 13976 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 237 of 2022
                    (DINESH TYAGI Vs THE STATE OF MADHYA PRADESH)

Dated : 31-10-2022
      Shri P.S. Bhadoriya, learned counsel for the appellant.

      Ms. Abha Mishra, learned Public Prosecutor for the respondent-State.

Heard on I.A. No.6575/2022, which is second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 30/12/2021 passed in Special Case No. 200020/2015 passed by Special Judge, SC/ST Act Morena

(M.P.) whereby appellant stands convicted under Section 307 and 363 of the IPC and and sentenced him to undergo seven years RI and five years RI with fine of Rs. 3000/- and 5000/- respectively , with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. Earlier application was allowed for temporary period and appellant surrendered before the Trial Court. Appellant is aged 45 years and he has falsely been implicated in this case. The nature of injury over the face of the victim reflects that injury can not be caused by a person rather it may be caused by the surface. This version

is supported by Dr. Suresh soni (P.W.4). The appellant has suffered around one and half years of incarceration as against seven years sentence awarded. No criminal case is pending against the appellant. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and submitted and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 6575/2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 09/01/2023 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. A copy of this order be sent to the concerned Court below for compliance.

Certified copy as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Prachi

PRACHI MISHRA 2022.11.01 10:58:30 +05'30'