Pawan Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 21829 MP

Madhya Pradesh High Court

Pawan Dhakad vs The State Of Madhya Pradesh on 19 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 5346 of 2017
             (PAWAN DHAKAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 19-12-2023
      Shri Amit Dubey- Advocate for the appellants.

      Shri Akhilendra Singh - Government Advocate for the respondent/State.

Heard on I.A. No.13697/2023, which is third application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1-Pawan Dhakad arising out of judgment dated 16.11.2017 delivered in

Special Case No.119/2016 passed by 3rd Additional Session Judge, Raisen (Link Court) Bareli, District Raisen.

His first bail application was dismissed as not pressed vide order dated 10.10.2018 and his second bail application was dismissed on merit vide order dated 08.07.2019.

The appellant No.1 has been convicted and sentenced for the offence punishable under Section 302 of IPC and sentenced to undergo R.I. for life and fine of Rs. 10,000/- and Section 25(1)(1-B)B of Arms Act and sentenced to undergo RI for 1 year with default stipulation.

Learned counsel for the appellant No.1 submits that appellant is in actual custody since 12.11.2016. Therefore, appellant remained in jail for more than 7 years. Sudden quarrel took place due to trivial matter relating to mattress. Necessary ingredients to attract Section 302 of IPC are missing. The final hearing of this matter is not possible in near future. Thus, remaining jail sentence of present appellant No.1 may be suspended.

Per contra, learned Government Advocate for the State opposes the prayer on the basis of objection.

We have heard learned counsel for the parties at length and perused the record.

Considering the factual backdrop and period of actual custody and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant No. 1.

Accordingly, I.A. No.13697/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant No.1 Pawan Dhakad 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 Link Court, Bareli District Raisen o n 12.02.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

          (SUJOY PAUL)                                   (BINOD KUMAR DWIVEDI)
             JUDGE                                               JUDGE

       L.R.