Sallu @ Salu Dhobi vs The State Of Madhya Pradesh
2023 Latest Caselaw 13117 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                           CRA No. 9372 of 2023
          (SALLU @ SALU DHOBI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-08-2023
      Shri Naval Kishor Gupta, learned counsel for the Petitioner .

      Shri Sushant Tiwari appearing on behalf of Advocate General.
      Heard on I.A.No.14705/2023, which is first application for suspension of
sentence and grant of bail on behalf of the appellant No.2 Sonu Dhobi.
      Appellant No.2, aged about 38 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 sentence 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. Injured/complainant Bhagirath and other witnesses Sunny have made
omnibus statement regarding involvement of present appellant 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, present appellant            was carrying
Lohangi at the time of incident. No specific injury can be attributed to the
appellant. The learned Trial Court has committed an error in convicting and
sentencing the present appellant without appreciating the prosecution evidence
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properly. There are material contradictions and omissions in the evidence of
witnesses. The appellant 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    since 21/07/2023. Learned Counsel further
submitted that co-appellant Sallu @ Salu Dhobi has been granted benefit of
suspension of sentence. On parity, present appellant also deserves same
benefit. 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 No.2- Sonu 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.14705/2023 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR)

JUDGE ar ABDUR RAHMAN 2023.08.11 15:31:26 +05'30'