Chandrabhan @ Chandu Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 8083 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRR No. 2035 of 2023 (CHANDRABHAN @ CHANDU DHAKAD Vs THE STATE OF MADHYA PRADESH)

Dated : 18-05-2023 Shri Suresh Agarwal - Advocate for the petitioner.

Shri M.S.Jadoun - Government Advocate for the State.

Heard on I.A.No.8399/2023, first application u/Sec. 397 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of petitioner.

T h is criminal revision has been filed against the judgment dated

03.05.2023 passed by the Third Additional Sessions Judge, Shivpuri, in Criminal Appeal No.392/2022 affirming the judgment dated 29.11.2022 passed by the JMFC, Shivpuri, in RCT No.508/2018, whereby the petitioner has been convicted under Section 279 of IPC with fine of Rs.1000/- and under Section 304-A of IPC and sentenced to undergo maximum RI of six months, with default stipulation.

As per prosecution story on 12.07.2018 complainant reached to the police station and stated that at about 10 am his son was going Dholgarh Fatak with his grandmother and maternal aunty and petitioner came with his truck

No.MP33H9050 and with rash and negligent driving, dashed the vehicle and hit the son due to which he died. Thereafter, petitioner fled away from the spot.

Learned counsel for the petitioner submits that the jail sentence of the petitioner has been suspended by the trial Court. The petitioner was on bail during trial and he has not misused the liberty granted to him. Hence, counsel for the petitioner prays for suspension of sentence and grant of bail to the petitioner.

Learned Public Prosecutor for the State opposed the prayer and prayed Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/19/2023 11:47:16 AM

for dismissal of this application.

Considering the overall facts and circumstances of the case, I.A.No.8399/2023 is allowed and it is directed that the jail sentence of the petitioner shall remain under suspension, on the petitioner's furnishing bail bond o f Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety to the satisfaction of the trial Court for his appearance before the Registry of this Court on 28.08.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

It is made clear that if the petitioner is found indulged in any criminal activities in future, then State is set at liberty to move an

appropriate application for cancellation of bail of the petitioner.

Certified copy as per rules.

(MILIND RAMESH PHADKE) V. JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/19/2023 11:47:16 AM