Dharmendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 9123 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                      CRA No. 7524 of 2023
                                        (DHARMENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 19-06-2023
                               Shri Ratnesh Kumar Gupta - Advocate for the appellants.

                               Shri Vinod Thakur - Govt. Advocate for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. A l s o heard on I.A.No.8548/2023, which is first application for

suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellants - Dharmendra, Jitendra, Indar @ Indarjeet and Premnarayan @ Premdas.

The trial Court has convicted the appellants under Sections 325/34 and 323/34 (2 counts) of IPC and sentenced to undergo 1 year R.I. with fine of Rs.1,000/- and 06-06 months RI with fine of Rs.500-500/- respectively with default stipulation, vide judgment of conviction and order of sentence dated 17.05.2023 passed by 27th Additional Sessions Judge, Indore in S.T. No.592/2015.

A s per prosecution case, on 30.07.2013, at around 09:00 PM, the complainant was going to his home by motorcycle. The appellants/accused persons met him on the way. They stopped and abused him by filthy language. The accused persons have assaulted the complainant Santosh by means of Sabbal and lathis.

Learned counsel for the appellants submits that the appellants have not committed any offence and they have falsely been implicated in the case. The complainant party had assaulted the accused parties. The accused parties had Signature Not Verified Signed by: SHRUTI JHA Signing time: 19-06-

2023 18:32:02

filed an FIR against the appellants and they have convicted under Section 307. The trial Court has suspended their suspension and enlarged them on bail. Disposal of the appeal will take sufficient time therefore, it is prayed that the remaining jail sentence of the appellants may be suspended and they may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the prayer of the appellants and prays for its rejection.

I have heard learned counsel for both the parties and perused the record. Considering the short term of sentence, coupled with the fact that the final hearing of this appeal will take sufficient time for its disposal, without

expressing any opinion on merits of the case, the application I.A. No.8548/2023 is allowed and the jail sentence of the appellants shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellants - Dharmendra, Jitendra, Indar @ Indarjeet and Premnarayan @ Premdas shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Only) each along with solvent surety in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 08.08.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List in due course.

C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

Signature Not Verified Signed by: SHRUTI JHA Signing time: 19-06-

2023 18:32:02

Shruti

Signature Not Verified Signed by: SHRUTI JHA Signing time: 19-06-

2023 18:32:02