Madhya Pradesh High Court
Hemant Santore @ Heman (Dheemar) vs The State Of Madhya Pradesh on 11 April, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 198 of 2018
(HEMANT SANTORE @ HEMAN (DHEEMAR) AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-04-2023
Shri Abhay Gupta - Advocate for the appellant.
Shri Ajay Shukla - Government Advocate for the respondent/State.
Heard on I.A No.15991/2019, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant Hemant
Santore @ Himen Santore (Dhemar) aris ing out of judgment dated
13.12.2017 delivered in S.T. No.103/2012, by Third Additional Sessions Judge,
Mandla.
The appellant has been convicted under Section 302 read with Section 34
of IPC and sentenced to undergo rigorous imprisonment for life with fine of
Rs.1,000/-, Section 397 read with Section 34 of IPC and sentenced to undergo
rigorous imprisonment for 07 years with fine of Rs.500/-, Section 364 read with
Section 34 of IPC and sentenced to undergo rigorous imprisonment for 07
years with fine of Rs.500/-, Section 420 read with Section 34 of IPC and
sentenced to undergo rigorous imprisonment for 03 years with fine of Rs.500/-
a n d Section 201 read with Section 34 of IPC and sentenced to undergo
rigorous imprisonment for 03 years with fine of Rs.500/- respectively, with
default stipulations.
Learned counsel for the appellant submits that this Court has already
suspended the remaining jail sentence of remaining appellants. By taking this
Court to the prosecution story, it is submitted that on 15.04.2012 at around 7:30
Signature Not Verified
SAN
O' clock three boys took vehicle of Javed Akhtar Mansuri MP20-B.A.2328.
Digitally signed by NITESH PANDEY
Date: 2023.04.12 10:02:40 IST
The driver of vehicle namely Bablu Chouksey took the vehicle in order to clean
it. As per the prosecution story, the driver Bablu was murdered and his mobile
was looted by the accused persons the dead body of Bablu was found under a
culvert on 16.04.2012. The role assigned to the present appellant is almost
similar to the other co-accused persons who have already been released on bail
and this appellant, as per the jail report remained in actual custody for more than
10 years 07 months 21 days as on 04.01.2023. The final hearing of this appeal is
not possible in near future. Considering the aforesaid, remaining jail sentence of
the appellant may be suspended.
Shri Ajay Shukla, learned Government Advocate opposed the prayer on
the strength of objection.
We have heard the parties at length.
Considering the prosecution story, suspension of sentence granted to co-
accused persons and period of custody coupled with the facts that final
hearing of this appeal is not possible in near future, without expressing any
conclusive opinion on the merits of the case, we deem it proper to suspend the
remaining jail sentence of the appellant. Accordingly, I.A No.15991/2019 is
allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant is hereby suspended and it is directed that
appellant - Hemant Santore @ Himen Santore (Dhemar) be released on
bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees
Thirty Thousand only) with one solvent surety of the like amount to the
satisfaction of the trial Court with a further direction to appear before the trial
Signature Not Verified
SAN
Court, Mandla on 19 th June, 2023 and also on such other dates as may be
Digitally signed by NITESH PANDEY
fixed by the trial Court in this regard during the pendency of this appeal.
Date: 2023.04.12 10:02:40 IST
I.A.No.18455/2021 and I.A.No.656/2022 stands disposed of.
Certified copy as per rules
(SUJOY PAUL) (SMT. ANJULI PALO)
JUDGE JUDGE
Nitesh
Signature Not Verified
SAN
Digitally signed by NITESH PANDEY
Date: 2023.04.12 10:02:40 IST
