Dharmendra Thakur (Korku) vs The State Of Madhya Pradesh
2023 Latest Caselaw 22085 MP

Madhya Pradesh High Court

Dharmendra Thakur (Korku) vs The State Of Madhya Pradesh on 21 December, 2023

Author: Chief Justice

Bench: Chief Justice

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 681 of 2022
                                       (DHARMENDRA THAKUR (KORKU) Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-12-2023
                                 Shri Amit Dubey - Advocate for appellant.

                                 Shri A.S.Baghel - Public Prosecutor for respondent/State.

Heard on I.A. No.23121 of 2023.

This is the first application seeking for suspension of sentence and bail filed on behalf of accused No.1/appellant Dharmendra Thakur (Korku), who

has been convicted under Sections 302 and 201 of the IPC and sentenced to Life Imprisonment with fine of Rs.2,000/- and R.I. for three years with fine of Rs.1000/- respectively with default stipulations vide impugned judgment dated 29.11.2021 passed by the Additional Sessions Judge, Budani, District Sehore in Sessions Trial No.34 of 2016.

The accused No.2 Deepanshu Mehra was enlarged on bail by the order dated 19.09.2023 passed in Criminal Appeal No.272 of 2022. Hence, appellant submits that on the ground of parity, he may be granted bail. His entire case is based on circumstantial evidence and the Court was of the prima facie view that

the links in the prosecution case have not been clarified by the prosecution. The appellant is entitled to be enlarged on bail on the ground of parity.

Consequently, I.A. No23121 of 2023 is allowed.

Subject to deposit of the fine amounts, the remaining jail sentence of the appellant shall remain suspended and accused No.1/appellant Dharmendra Thakur (Korku) is enlarged on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial

Court/concerned Court on 19.03.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                (RAVI MALIMATH)                                  (VISHAL MISHRA)
                                  CHIEF JUSTICE                                       JUDGE

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