Dhanraj vs The State Of Madhya Pradesh
2023 Latest Caselaw 21277 MP

Madhya Pradesh High Court

Dhanraj vs The State Of Madhya Pradesh on 13 December, 2023

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         CRA No. 15313 of 2023
                                                 (DHANRAJ Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-12-2023

                                 Shri Padmnabh Saxena, Advocate for the appellant.

                                 Shri Viraj Godha, Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Als o heard on I.A. No.18515/2023, which is first application for

suspension of jail sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant - Dhanraj.

2. Learned Trial Court has convicted the appellant under Section 333 of IPC and sentenced him to undergo RI for 03 years with fine of Rs.1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 29.11.2023 passed by the Sessions Judge, Jhabua in S.T. No.104/2022.

3. Learned counsel for the appellant submits that appellant has not committed any offence and he has falsely been implicated in the case. Learned Trial Court has already suspended the jail sentence of the appellant till

29.12.2023. Final disposal of this appeal will take sufficient long time therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he be released on bail.

4. Learned counsel for the respondent/State has opposed the prayer and prayed for its rejection.

5. Considering the short term of sentence coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any

opinion on merits of the case, I.A.No.18515/2023 is allowed and jail sentence of the appellant shall remain suspended.

6. It is directed that subject to depositing the fine amount, if already not deposited, appellant - Dhanraj shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 15.02.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Record of the Trial Court be requisitioned.

List in due course.

Certified copy, as per Rules.

(PRAKASH CHANDRA GUPTA) JUDGE

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