Dinesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19998 MP

Madhya Pradesh High Court

Dinesh vs The State Of Madhya Pradesh on 29 November, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 11131 of 2019
                                                 (DINESH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-11-2023

                                 Shri Anil Kumar Tiwari - Advocate for the appellant.

                                 Shri Sahrukh Riyaz - Advocate for the respondent/State.

Heard on I.A. No. 18519 of 2022, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Dinesh arising out of judgment dated 07.11.2019 delivered in S.T. No.14/2019 passed

by IVth Additional Sessions Judge, Khandwa (MP).

T h e appellant has been convicted for the offence punishable under Section 363 of IPC and sentenced to undergo RI for 3 years with fine of Rs.1,000/- and under Section 366 of IPC and sentenced to undergo RI for 10 years with fine of Rs.1,000/- with default stipulations.

Learned counsel for appellant submits that appellant has been falsely implicated in this case. As per the statement of prosecutrix, there is no specific allegations against the appellant regarding forcefully abduction and trace pass her modesty also. There are so many omissions and contradictions in the

statement of prosecutrix between the statement recorded u/s 161 and 164 of Cr.P.C. Appellant has suffered more than half of the sentence. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned Panel Lawyer opposed the prayer on the basis of objection. Considering the facts and circumstances of the case and period of detention and bleak chances of final hearing in near future, without expressing

any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No. 18519 of 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant Dinesh be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Khandwa on 22nd of December, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the

pendency of this appeal.

Certified copy as per Rules.

(HIRDESH) JUDGE

Akm