Chhoteram Singh Dhurve vs The State Of Madhya Pradesh
2023 Latest Caselaw 16484 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 12079 of 2022
                                         (CHHOTERAM SINGH DHURVE Vs THE STATE OF MADHYA PRADESH)

                           Dated : 06-10-2023
                                   Shri N. K. Sharma - Advocate for appellant.

                                   Ms. Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on IA No.21944 of 2023, which is the third application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant Chhoteram Singh Dhurve.

Appellant stood convicted under Section 409 of the IPC and sentenced to suffer R.I. for 10 years with fine of Rs.2,50,000/- with default stipulations vide judgment of conviction and order of sentence dated 28/11/2022 passed by Additional Sessions Judge, Rajendragram, District Anuppur in S.T.No.28 of 2014.

The first application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed on merit vide order dated 10/04/2023 and second application for suspension of sentence and grant of bail was dismissed as withdrawn vide order dated 29/08/2023.

Learned counsel for the appellant while seeking suspension of sentence inter alia submitted that both the seizure witnesses i.e. Ghanshyam Shukla (PW-6) and Rajendra Jaiswal (PW-8) have not supported the prosecution case. Similarly, the handwriting expert Rajendra Prasad pathak (PW-12) has also not supported the prosecution case. He further submitted that the learned trial Court without appreciating the evidence wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. The appellant is in custody since the date Signature Not Verified Signed by: ANURAG SONI Signing time: 07-10-2023 15:27:39

of judgment i.e. 28/11/2022. The appellant was on bail during trial and he never misused the liberty granted to him. This appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered.

P er contra, learned Government Advocate while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record. He further submitted that the first application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed on merit, thereafter there is no change

in circumstance. Hence, it is prayed that the application be dismissed.

Earlier first application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed on merit by this Court vide order dated 10/04/2023, thereafter there has been no change in circumstance. Looking to the allegations levelled against the appellant, the material available on record and the gravity of offence, this Court is not inclined to suspend the jail sentence of the appellant.

Accordingly, I.A.No.21944 of 2023 stands dismissed. List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 07-10-2023 15:27:39