Pradeep Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 18054 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 13473 of 2023
                                             (PRADEEP DHAKAD Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-10-2023
                                  Shri Rameshwar Rawat, Advocate for the appellant.

                                  Shri Pramod Pachauri, Public Prosecutor for respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Also heard on IA No.19766/2023, first application under Section 389(1) Cr.P.C. moved on behalf of the appellant seeking suspension of sentence and

grant of bail.

Appellant stands convicted under Section 411 of IPC and sentenced to undergo one year's RI with fine of Rs.1000/-, with default stipulations vide judgment of conviction and sentence dated 30.09.2023 passed by Special Judge (MPDVPK) Shivpuri (M.P.) in SC DOCT/400004/2015.

Learned Counsel for appellant submits that the appellant is convicted merely on the basis of statement of co-accused recorded under Section 27 of the Evidence Act. The recovery and identification of the property was doubtful. No DOC identification was conducted during trial.

Learned counsel further contends that the impugned judgment passed by learned Trial Court is based on assumption, conjecture and surmises. The learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. The jail sentence Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 31/10/2023 10:06:37 AM

of appellant was already suspended by learned Trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and they may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant shall remain suspended during pendency of

this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 05/12/2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.19766/2023 stands allowed and disposed of. Record of the Court below be called for.

List thereafter, for final hearing in due course. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Rks

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 31/10/2023 10:06:37 AM