Sikandar Dhobi vs The State Of Madhya Pradesh
2023 Latest Caselaw 12301 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                            CRA No. 9837 of 2023
                  (SIKANDAR DHOBI Vs THE STATE OF MADHYA PRADESH)

Dated : 02-08-2023
      Shri R.P. Gupta - learned counsel for the appellant.

      Shri APS Tomar - learned Public Prosecutor for the respondent-State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. A ls o heard on I.A.No.14287/2023, which is first application for suspension of sentence and grant of bail on behalf of the appellant.

Appellant, aged about 39 years stands convicted under Sections 307/149 of IPC and sentenced to undergo RI for 5 years with fine of Rs.1000/-, Section 324/149 of IPC and sentenced to undergo RI for 2 years with fine of Rs.500/- and Section 148 of IPC and sentenced to undergo RI for one year with default stipulations vide impugned judgment of conviction and sentence dated 08.07.2023 passed by Additional Sessions Judge, Special Court No.4 (under Electricity Act), Gwalior in Session Trial No.16000074/2016.

Learned counsel for the appellant, in addition to the ground mentioned in t h e application, submits that no specific individual act is attributed to the

appellant Sikandar Dhobi. Injured/complainant Bhagirath and other witnesses Sunny have made omnibus statement regarding involvement of appellant Sikandar Dhobi in the alleged act of causing injuries to Bhagirath, Sunny and Hakim Singh. Learned counsel further submits that injury caused to Bhagirath, Sunny and Hakim Singh are simple in nature, therefore offence of attempt to murder is not made out. Further, as per case of the prosecution, appellant Sikandar Dhobi was carrying Lathi at the time of incident. No specific injury can

b e attributed to the appellant Sikandar Dhobi. The learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contradictions and omissions in the evidence of witnesses. The appellant Sikandar Dhobi was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. Appellant is in jail from the date of judgment i.e. 08/07/2023. There is no likelihood of hearing of appeal in near future. On these grounds, learned counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned counsel for the respondent/State opposed the application and prayed for its rejection.

Upon hearing learned Counsel for parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of appellant Sikandar Dhobi shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 31/10/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A.No.14287/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE Prachi

PRACHI MISHRA 2023.08.03 10:25:02 +05'30'