Neelkanth Dhangar vs The State Of Madhya Pradesh
2023 Latest Caselaw 20393 MP

Madhya Pradesh High Court

Neelkanth Dhangar vs The State Of Madhya Pradesh on 4 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6066 of 2023
                                           (NEELKANTH DHANGAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-12-2023
                                 Shri Sauman Mukharjee - Advocate for the appellant.

                                 Ms. Shakti Tripathi - Panel Lawyer for the respondent/State.

Heard on I.A.No.24133/2023, which is the second application under Section 389(1) Cr.P.C. for suspension of custodial sentence of the appellant and release him on bail.

The earlier application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed as withdrawn by this Court vide order dated 10/08/2023.

The appellant has been convicted under Sections 451, 354, 354(A)(1)(iv), 324, 307 of the IPC and sentenced him to undergo R.I. for two years with fine of Rs.1,000/-, R.I. for two years with fine of Rs.1,000/-, R.I. for one year, R.I. for two years and R.I. for seven years with fine of Rs.1,000/- respectively with default stipulation vide impugned judgment dated 24/03/2023 delivered in Sessions Trial No.87/2020 by Sessions Judge, Dindori, District Dindori.

It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in the offence. There are several omission and contradiction in the statements of the prosecution witnesses. During trial appellant was in jail from 14/09/2020 to 04/03/2022 and is in custody since the date of judgment i.e. 24/03/2023. It is further submitted that this appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended and he be released on bail.

Learned counsel appearing for the State has supported the impugned judgment and opposed the application for suspension of sentence.

Considering overall facts and circumstances of the case; period of custody as well as the fact that during trial appellant was in jail from 14/09/2020 to 04/03/2022 and is in custody since the date of judgment i.e. 24/03/2023, the appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, without commenting on merits of the case application is allowed.

I t is directed that on depositing the entire fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 24/01/2024 and on all subsequent dates as may be fixed by the trial Court in that regard, the execution of substantial jail sentence imposed on appellant shall remain suspended, till final disposal of this appeal.

Let the appeal be listed for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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