Madhya Pradesh High Court
Ramkrishna Dhakad vs State Of M.P. on 23 September, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 17 of 2013
(RAMKRISHNA DHAKAD Vs STATE OF M.P.)
Dated : 23-09-2023
Shri A.K. Jain - Advocate for appellant.
Shri S.S. Kushwaha - Public Prosecutor for respondent/State.
Heard o n I.A.No.15927 of 2023, fourth repeat application under
Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of appellant Ram Krishan Dhakad.
Appellant Ram Krishan Dhakad stands convicted under Section 302 and
201 of IPC and sentenced to imprisonment for life with fine of Rs.2000/- with
default stipulations vide judgment of conviction and order of sentence dated
6.11.2012 passed by Sessions Judge, Shivpuri (Madhya Pradesh) in Sessions
Trial No.99/11.
As per report received from Central Jail, Gwalior, the present appellant
so far has undergone jail sentence of 12 years and 6 months without remission.
Prosecution story, as found proved, is that on 3.2.2011 appellant
lodged a report at Police Station Tendua that on 2.2.2011 at about 9-10 PM
he was sitting outside of his house along with other villagers and when he
came to his house his wife Geeta Bai committed suicide by hanging and when
he cut the rope by sickle Geet Bai had died. On the basis of such information
Merg No.2/11 was registered. During merg inquiry it was revealed after visiting
the spot that before the death of Geetabai there was maarpeet committed with
her. On the basis of such report, an offence was registered by Police Station
Tendua, District Shivpuri at Crime No.12/11 under Sections 302 and 201 of
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 25-09-2023
02:52:32 PM
IPC and the matter was investigated into. Upon completion of investigation,
challan was filed. The Sessions Court on appreciation of evidence placed on
record convicted and sentenced the present appellant.
Learned counsel for appellant while taking exception to the impugned
judgment inter alia supported the instant application primarily on the ground of
long jail incarceration as so far, appellant has undergone jail incarceration of 12
years and 6 months without remission. That apart, it is submitted that Sessions
Court has not appreciated the evidence placed on record in correct perspective.
The judgment suffers from surmises and conjectures. It is further submitted
that the appeal being of 2013 is not likely to be decided in the near future. On
these grounds, learned counsel submits that the present appellant may also be
extended the benefit of suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the impugned judgment submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions so advanced touching the merits of
the case, but regard being had to the fact that present appellant so far has
undergone jail incarceration of 12 year and 6 months, and the appeal is not likely
to be decided in the near future, we are of the view that present appellant is
entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, I.A.No.15927 of 2023 stands allowed and it is directed
that the jail sentence of appellant Ramkrishna Dhakad shall remain suspended
during pendency of the present appeal and he shall be released on bail subject
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 25-09-2023
02:52:32 PM
to verification of the factum of depositing the fine amount and on his furnishing
a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one
solvent surety in the like amount to the satisfaction of the Trial Court subject to
verification of factum regarding deposit of fine amount.
Appellant is directed to appear before the Registry of this Court first on
23.11.2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
Pawar
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 25-09-2023
02:52:32 PM
