Laxaman Sinh Dhurve vs The State Of Madhya Pradesh
2023 Latest Caselaw 9582 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 540 of 2022 (LAXAMAN SINH DHURVE Vs THE STATE OF MADHYA PRADESH)

Dated : 26-06-2023 Shri S. K. Tiwari - Advocate for the appellant.

Ms. Seema Jaiswal - Panel Lawyer for the State.

Heard on I.A No.14165/2023, which is third application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant. His earlier applications were dismissed as withdrawn being

I.A. No.752/2022 and I.A. No.7629/2023 vide orders dated 05.05.2022 & 12.04.2023 respectively.

T h e appellant has been convicted under section 376(1) of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.5,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting

the appellant for aforesaid offence. He further submits that during trial he was on bail and he never misused the liberty of bail; there is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application and prays for its rejection.

Heard learned counsel for the parties, perused the judgment and the record of the court below.

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 6/27/2023 7:00:13 PM

Considering the arguments advanced by learned counsel for both the parties and after perusing the record, this Court deems it appropriate to suspend the jail sentence of the appellant. Accordingly, I.A. filed on behalf of the appellant is allowed.

It is directed that subject to deposit of fine amount, if already not deposited, and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 29.09.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv

Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 6/27/2023 7:00:13 PM