Madhya Pradesh High Court
Amit Dagar vs The State Of Madhya Pradesh on 28 April, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 3439 of 2023
(AMIT DAGAR Vs THE STATE OF MADHYA PRADESH)
Dated : 28-04-2023
Shri Sunil Gupta - Advocate for the appellant.
Shri Hemant Sharma - GA for respondent/State.
Shri Aditya Choudhary - Advocate for the complainant.
Record of the court below has been received.
Heard on admission.
Appeal is admitted for final hearing.
Heard on IA No.3557 of 2023, which is an application under Section
389 of Cr.P.C. on behalf of the appellant-Amit Dagar for grant of bail and
suspension of remaining jail sentence.
Appellant has been convicted for the offence under Section 307 of IPC
and sentenced to 7 years R.I. with fine of Rs.5,000/-, with usual default
stipulation.
Learned counsel for the appellant submits that the complainant Raju
(PW-1) and all other eyewitnesses Raja (PW-2), Kundan (PW-3), Akash (PW-
8) and Chandrakant (PW-9) have turned hostile and not supported the case of
the prosecution. Complainant Raju has even denied his statement which was
given by him in the examination-in-chief. Trial court has convicted the appellant
only on the basis of statement of the concerning doctor and MLC report. There
is material contradictions and omissions in the statement of the complainant and
other prosecution witnesses. There is a strong case in favour of the appellant.
Signature NotAppellant
Verified has suffered jail incarceration during the trial from 10.3.2016 to
Signed by: TRILOK SINGH
SAVNER
21.6.2016 and he is again in custody since 28.2.2023 i.e. from the date of the
Signing time: 28-Apr-23
5:59:16 PM
judgment of trial Court. Final conclusion of appeal will take a long sufficient
time. Hence he prays for grant of bail and suspension of remaining jail sentence
of the appellant.
Per contra, learned GA for the respondent/State opposes the application
for suspension of sentence and prays for its rejection.
Counsel for the complainant Raju Vival submits that the matter has been
amicably settled between the complainant and the appellant and complainant has
no objection if bail is given to the appellant and his sentence is suspended.
After considering the facts and circumstances of the case, submissions
made by learned counsel for both the parties, nature and gravity of the allegation
against the appellant and also taking note of the fact that although complainant
Raju has deposed against the appellant in his examination-in-chief, but in his
cross-examination he has turned hostile, all other eyewitnesses have also turned
hostile and not supported the case of the prosecution before the trial Court,
even complainant Raju Vival has also pleaded No Objection regarding the
application for grant of bail and suspension of sentence and that final
conclusion of this appeal will take a long sufficient time, I deem it proper to
suspend the remaining jail sentence of the appellant.
Accordingly, IA No.3557 of 2023 is allowed and the execution of
remaining jail sentence of the appellant-Amit Dagar is hereby suspended till the
final disposal of this appeal and it is ordered that the appellant be released on
bail on his depositing the fine amount, if not already deposited, and upon
furnishing a personal bond for a sum of Rs.75,000/- with one solvent surety of
the like amount to the satisfaction of the trial Court, with a further direction to
Signature Not Verified
appear before the Registry of this Court on 22.11.2023 and on such other
Signed by: TRILOK SINGH
SAVNER
Signing time: 28-Apr-23
5:59:16 PM
dates, as may be fixed by the Registry of this Court in this regard during the
pendency of this appeal.
Registry is directed to list the matter for final hearing in due course.
C.C. as per rules.
(ANIL VERMA)
JUDGE
trilok
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 28-Apr-23
5:59:16 PM
