Dharmendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 12669 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 1852 of 2022
                                             (DHARMENDRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-09-2022
                                Mr. Rajkumar Joshi, learned counsel for the appellant.

                                Mr. Avnees Singh, learned Public Prosecutor for the respondent-State.

I.A. No.14749 of 2022, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Heard on I.A. No. 14750 of 2022, which is first 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 28.01.2022 passed in ST No.1500414/2015 by Third Additional Sessions Judge, Bhind (M.P.) whereby, appellant stands convicted under Section 307 of IPC (two counts) (in respect to injured Rambabu and Mragendra) and sentenced him to undergo seven years RI with a fine of Rs.2,000/-, under Section 332 of IPC (two counts) (in respect to injured, Rambabu and Mragendra) and sentenced him to undergo three years RI with a fine of Rs.1,000/-, under Section 353 of IPC and sentenced him to undergo two years RI with a fine of Rs.500/-, under Section

27 of Arms Act and sentenced him to undergo three years RI within a fine of Rs.500/- and under Section 25(1-b)(a) of Arms Act and sentenced him to undergo one year RI within a fine of Rs.500/-, 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. The appellant has been made accused only on the basis of statement of witnesses who were police officials. It is further submitted that the appellant Signature Not Verified Signed by: BARKHA SHARMA Signing time: 21-Sep-22 5:46:21 PM

himself was injured on account of police firing, therefore, the police has made this false case against the him. There are material contradictions and omissions in the statements of police officials. Independent witness has not supported the case of prosecution. The appellant has suffered 2 years and 8 months custody out of seven years. 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 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. 14750 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac 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 30.11.2022 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/ e-copy as per rules/directions.

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 21-Sep-22 5:46:21 PM

(SUNITA YADAV) JUDGE bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 21-Sep-22 5:46:21 PM