Dharmendra Ojha vs The State Of Madhya Pradesh
2023 Latest Caselaw 10033 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        CRA No. 4581 of 2023
                                        (DHARMENDRA OJHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-07-2023
                                Shri Gagan Sharma - Advocate for the appellants.

                                Shri Pramod Pachouri - Public Prosecutor for the respondent/ State.

Heard on I.A.No.7991/2023, first application u/Sec. 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.3 - Kuiya @ Guiya Bai.

This criminal appeal has been filed against the judgment dated 28.02.2023

passed in S.T. No.211/2018 by 4 th Additional Sessions Judge, Guna (M.P.) whereby the appellant has been convicted under Section 304-B of IPC and sentenced to undergo 10 years' R.I. with fine of Rs.1,000/- with default stipulation.

It is submitted by counsel for the appellants that the appellant was on bail during trial and he did not misuse the liberty granted to him. The appellant has suffered five and a half years of custody period as against ten years of sentence awarded. Appeal is of the year 2023 which may take long time for it's

conclusion. Only omnibus allegations have been levelled against the appellant. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.7991/2023 is allowed.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 18th December, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.7991/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary

compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM