Rajesh Singh Dhurvey vs The State Of Madhya Pradesh
2023 Latest Caselaw 13280 MP

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 8311 of 2018
                                           (RAJESH SINGH DHURVEY Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-08-2023
                                 Shri Ram Prakash Yadav- Advocate for the appellant.

                                 Ms. Kamlesh Tamrakar - Panel Lawyer for the respondent/ State.

Custody report received.

Heard on IA No.18611 of 2023 third application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to

appellant Rajesh Singh Dhurvey arising out of judgment dated 27.06.2018 delivered in S.T. No.24/2018 by learned Second Additional Sessions Judge, Anuppur District-Anuppur.

His previous two applications were dismissed on merits by order dated 31.07.2018 and 09.06.2021.

T he appellant has been convicted under Section 304-II of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.10,000/-, with default stipulations.

Learned counsel for the appellant submits appellant has undergone more

than 7 years of jail sentence. Prosecution witnesses have not supported the prosecution story. Final hearing of this appeal will take time, therefore the remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Government Advocate for the State. Therefore, looking to the testimonies of (PW-3), (PW-4), (PW-5), (PW-

7), (PW-9), including custody period of the appellant and coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant. Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/17/2023 10:48:02 AM

Accordingly, aforesaid IA is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant Rajesh Singh Dhurvey 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 concerning trial court Anuppur District Anuppur on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

C c as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/17/2023 10:48:02 AM