Dharmendra vs The State Of Madhya Pradesh
2024 Latest Caselaw 20991 MP

Madhya Pradesh High Court

Dharmendra vs The State Of Madhya Pradesh on 2 August, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                                1                              CRA-1134-2014
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                        CRA No. 1134 of 2014
                                               (DHARMENDRA Vs THE STATE OF MADHYA PRADESH )


                           Dated : 02-08-2024
                                 Shri Santosh Kumar Meena, learned counsel for the appellant.
                                 Shri Bhuwan Deshmukh, learned Public Prosecutor for the
                           respondent/State.

Heard on I.A No.10687/2024 , which is fifth application under Section 389 of Cr.P.C for grant of suspension of jail sentence filed on behalf of appellant

Dharmendra.

2. The appellant has been convicted under Section 302, 506(II), 294 of IPC and sentenced to undergo life imprisonment, R.I for 2 years, 3 months respectively with fine of Rs.10,000/-, Rs.2,000/- with default stipulation.

3. Counsel for the appellant submits that the present application is filed mainly on the ground that the appellant has undergone actual jail sentence of more than 10 years. He has further relied upon the judgment of Hon'ble Apex Court in the case of Supreme Court Legal Aid Committee Representing Under Trial Prisoners vs. Union of India reported in (1994) 6 SCC 731, Thana Singh vs. Central Bureau of Narcotics in Cr.A. No.1640/2010, Saudan Singh vs. The State of UP and Others in SLP (Criminal) No.4633/2021 and Sonadhar vs. The State of Chhattisgarh reported in 2022 Livelaw (SC) 788 to bolster his submission. This appeal is of the year 2014 and final disposal of this appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellant.

4. In regard to jail sentence undergone by the appellant, a status report was

2 CRA-1134-2014 called from Central Jail, Bhopal. As per the status report, the appellant has undergone actual jail sentence of more than 10 years, 10 months & 29 days and with remission he has undergone jail sentence of 14 years, 11 months & 20 days as on 25/7/2024.

5. Counsel for the State supports the order of conviction and sentence.

6. After hearing learned counsel for the parties and considering the judgments passed by the Apex Court and the fact that the appellant has undergone actual jail sentence of more than 10 years. The appeal is of year 2014 and final conclusion of the appeal may take time, we are of the view that the present application deserves to be allowed.

7. Accordingly, I.A No.10687/2024 is allowed. The jail sentence of appellant Dharmendra is suspended upon his depositing the fine amount, if not

already deposited, and on furnishing a bail bond of Rs.50,000/-(Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 20/11/2024 and on subsequent dates as may be fixed in this behalf by the Registry.

8. With the aforesaid, I.A No.10687/2024 is disposed off.

9. Appeal is already admitted.

10. List the matter in due course.

CC as per rules.

                                (VIJAY KUMAR SHUKLA)                                  (ANIL VERMA)
                                        JUDGE                                            JUDGE


                           PK