Manish Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 2105 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 1948 of 2023
                                       (MANISH DHAKAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-02-2023
                                Shri H.K Shukla, learned counsel for the appellants.

                                Shri V.P.S. Tomar, learned Public Prosecutor for the respondent/State.

Record of the Court below be called for.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A.No.2575/2023, an application for suspension of

sentence on behalf of the appellants Nos.1 to 4.

The trial Court has convicted the appellant Nos. 1 to 4 under Section 324 along with 34 of the IPC and sentenced to undergo 6 months of RI with fine of Rs.2,000/- each with default stipulation, vide judgment of conviction and order of sentence dated 25.01.2023 passed in Sessions Trial No.41/2018 by Second Additional Sessions Judge, Sabalgarh, District Morena.

Learned counsel for the appellants submits that learned trial Court has committed error in holding the appellants guilty for the aforesaid offences. There is no likelihood of hearing of appeal in near future. In view of aforesaid,

learned counsel for the appellants prays for suspension of remaining jail sentence and grant of bail to the appellants.

Learned counsel for the respondent/State has opposed the prayer. Having considered the rival submissions and nature of allegations alleged against the appellant and the period of short sentence awarded to appellants and also considering the fact that there is no likelihood of hearing of this appeal in the near future but without expressing any opinion on merits of the case, the Signature Not Verified Signed by: RASHID KHAN Signing time: 07-Feb-23 10:50:13 AM

application is allowed and jail sentence of the appellant Nos 1 to 4 shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant Nos. 1 to 4 namely Manish Dhakad, Sandeep Dhakad, Dinesh & Ajmer Singh Dhakad shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 10.04.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Vishal

Signature Not Verified Signed by: RASHID KHAN Signing time: 07-Feb-23 10:50:13 AM