Madhya Pradesh High Court
Pradeep Dubey vs The State Of Madhya Pradesh on 30 November, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9766 of 2023
(PRADEEP DUBEY Vs THE STATE OF MADHYA PRADESH)
Dated : 30-11-2023
Shri B.J. Chourasia- Advocate for appellant.
Shri Harsh Gupta - Panel Lawyer for respondent/State.
Heard on I.A. No.18411/2023, this is first application for suspension
of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of
appellant-Pradeep Dubey.
The appellant has been convicted vide judgment dated 24/07/2023 passed
by Second Additional Sessions Judge, Chhatarpur in CIS S.T. No.
1300198/2016 and appellant has been convicted for offence punishable under
Section 307/34 of IPC and sentenced to undergo RI for 5 years and to pay fine
amount of Rs. 5,000/- with usual default stipulations.
Learned counsel for the appellant submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant for aforesaid offence. Learned counsel
for appellant submits that at the time of alleged incident, the appellant is having
stick, therefore, it cannot be said that he is having any intention to attempt to
commit murder of injured, hence, no offence under Section 307/34 of IPC is
made out against him. There are fair chances of success of this appeal and
final hearing of same will take considerable time, therefore, if remaining
custodial sentence has not been suspended, then the appeal filed by appellant
may turn infructuous. Under these circumstances, learned counsel for appellant
prays for suspension of jail sentence and release of the appellant on bail till the
final disposal of the appeal.
O n the other hand, learned Panel Lawyer has opposed the contention
raised by learned counsel for appellant and prays for rejection of said
application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that only one stick alleged to have been recovered from possession
of appellant and other co-accused persons have already been acquitted for
alleged offence by the trial Court itself and according to listing policy the
hearing of this appeal will take time, the application is allowed and it is directed
that the execution of the remaining jail sentence passed against appellant -
Pradeep Dubey shall remain suspended during the pendency of this appeal
subject to depositing entire fine amount, if already not deposited and upon his
furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand
only) with one solvent surety in like amount to the satisfaction of the trial
Court for securing his presence before the trial Court on 02/01/2024 and on
such further dates as may be fixed by trial Court it in this regard during the
pendency of this appeal.
List the appeal for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
