Dharmveer @ Dharmendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 312 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                            CRA No. 3425 of 2022
        (DHARMVEER @ DHARMENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 05-01-2023
       Shri Rameshwar Rawat, learned counsel for the appellant.

       Shri C.P. Singh, learned Panel Lawyer for the respondent/State.

Heard on I.A. No. 15464 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 28.02/2022 passed in

S T No.602/2016 by Special Judge, MPDVPK Act, District Gwalior (M.P.) whereby, appellant stood convicted under Section 395 of the IPC and Section 11/13 of the MPDVPK Act and sentenced him to undergo 10 years imprisonment with a fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant. Appellant has suffered almost one year two months of incarceration out of the total jail sentenced awarded to him. There a r e material omissions and contradictions in the evidence of prosecution witnesses. Seizure has not been properly proved. Final hearing of this appeal

will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties,

without commenting on merits of the case, I.A.No.15464 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 14/02/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for

compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Vishal

Digitally signed by PRACHI MISHRA DN: c=IN, o=HIGH COURT OF MADHYA

PRACHI PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=cc727abda3453804cde48b1afcb36

MISHRA 7afdaf978aea111b1ff29eae55fd213bc09, pseudonym=2989C2368D959ACCC89B7B9 F9684E85AC46EB3A3, serialNumber=C1F6C7B3B2D7FCD4244084 0CF9E7A7C177E01EABE96DBBA40D811ECE C6E23BC5, cn=PRACHI MISHRA Date: 2023.01.06 10:50:28 -08'00'