Dhannalal vs The State Of Madhya Pradesh
2023 Latest Caselaw 6681 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 1403 of 2016
                                        (DHANNALAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 25-04-2023
                               Shri L. Shunondo Chandiramani - Advocate for the appellants.

                               Shri K. K. Tiwari - Govt. Advocate for the respondent/State.

He a r d o n I.A. No.15196/2022, which is fourth application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C., filed on behalf of the Appellants.

First application was dismissed on merits vide order dated 25.07.2017 thereafter, second application was dismissed on merits on 24.11.2017 and third application was dismissed on merits vide order dated 19.02.2019.

T he Trial Court has convicted the appellants under Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.25,000/- with default stipulations vide judgment of conviction and order of sentence dated 28.09.2016 passed by Fifth Additional Sessions Judge, Indore (M.P.) in S.T. No.134/2009.

As per prosecution case, Krishnapal @ Krishna has lodged a report on

10.12.2008 stating therein that at around 07:15 AM, he himself and his father Premsingh went on a motorcycle to their fields. Their servant Omkarsingh was working there. The present appellants came there on a tractor. Appellant - Deepak was armed with a gupti and appellant - Dhannalal and co-accused Lokesh were armed with sword. They inflicted stab injury by sword and gupti and also incised wound by sword. Co-accused Rekhabai was also there, instigating the other accused persons to commit the crime. Due to injuries, Premsingh had died.

Signature Not Verified Signed by: SHRUTI JHA Signing time: 26-04-

2023 18:03:01

Learned counsel for the appellants pressed this application only on the ground of custody period and submits that the appellant - Dhannalal is under custody since more than 14 years and appellant - Deepak @ Vijay is in custody since more than 10 years. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and the appellants may be released on bail.

Per contra, learned G.A. for the respondent/State has objected the prayer but did not disputed the custody period of the appellants.

We have heard learned counsel for both the parties and perused the record.

Considering the custody period of the appellants and without commenting any opinion on merits, coupled with the fact that final hearing of this appeal is not possible in near future, we are inclined to suspend the remaining jail sentence of appellants.

Accordingly, I.A. No.15196/2022, is allowed.

I t is directed that subject to depositing the fine amount, if already not deposited, Appellants - Dhannalal and Deepak, shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 20.07.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

                           (S. A. DHARMADHIKARI)                        (PRAKASH CHANDRA GUPTA)
                                    JUDGE                                        JUDGE
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 26-04-
2023 18:03:01

                         Shruti




Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 26-04-
2023 18:03:01