Dadan @ Ashok Dhobi vs The State Of Madhya Pradesh
2023 Latest Caselaw 2973 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 3172 of 2015
                                          (DADAN @ ASHOK DHOBI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-02-2023
                                 Ms. Kamlesh Tamrakar - Advocate for the appellant.

                                 Shri Ajay Shukla - Government Advocate for the respondent/State.

I.A. No.22019 of 2022 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail arising out of judgment dated 30.10.2015 delivered in S.T. No.06/2013, by Special Judge (Atrocities), Satna

(M.P.) is taken up for consideration.

The appellant has been convicted under Section 302 of the I.P.C. and sentenced to undergo for Life imprisonment with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits that no application of similar nature was decided on merits. As per prosecution story on 14.11.2012 sudden quarrel had taken place between accused person and the other side. The said quarrel took an ugly shape and appellant allegedly caused a knife injury on deceased Vikki. Vikki died because of injuries caused to him.

Learned counsel for the appellant submits that as per custody report No.46/Warrant-1/2022 dated 07.01.2022 sent by Jail Superintendent Central Jail, Satna which shows that appellant has undergone nine years, one month and twenty two days of actual sentence as on 07.01.2022. By now, appellant has completed more than ten years actual sentence. The incidence shows that it has taken place suddenly without there being any pre-meditation. The final hearing of this appeal is not possible in near future. Considering the sentence already undergone, remaining the jail sentence may be suspended. Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 2/17/2023 5:09:36 PM

Shri Ajay Shukla, Government Advocate opposed the prayer on the basis of objection.

We have heard the parties on this aspect.

Considering the nature of accusation and period of custody without expressing conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.22019 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant - Daddan @ Ashok Dhobi is hereby suspended and it is directed that the appellant 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 trial Court, Satna on 24th April, 2023 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)                                         (SMT. ANJULI PALO)
                                  JUDGE                                                   JUDGE

                          HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 2/17/2023
5:09:36 PM