Ravi Dhobi vs The State Of Madhya Pradesh
2024 Latest Caselaw 21139 MP

Madhya Pradesh High Court

Ravi Dhobi vs The State Of Madhya Pradesh on 5 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1                              CRA-5458-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                      CRA No. 5458 of 2024
                                              (RAVI DHOBI Vs THE STATE OF MADHYA PRADESH )



                         Dated : 05-08-2024
                                Mr. Daya Ram Sharma - Advocate for the appellant.

                                Mr. Dinesh Savita - Public Prosecutor for the respondent / State.

Heard on the question of admission.

The appeal, being arguable, is admitted for final hearing. Heard on I.A. No.12290/2024, which is first application under Section 389

(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal appeal assails the judgment dated 26.4.2024 passed by the Special Judge, MPDVPK Act, Ambah, District Morena (M.P.) in SC Doct No.07/2018, whereby, the appellant has been convicted under Section 398 of IPC r.w. Section 11/13 of MPDVPK Act and sentenced to undergo rigorous imprisonment for seven years with maximum fine of Rs.2,000/-, with default stipulation.

Learned counsel for the appellant argued that learned trial Court has wrongly convicted the appellant ignoring the fact that allegedly, the appellant got caught on the spot i.e. on 14.1.2018, however, as per memo of arrest, he was

arrested on 06.2.2018. It is further argued that there are material contradictions and omissions in the statements of the prosecution witnesses and independent witnesses PW-2 Jagdish and PW-3 Mahendra Singh have not supported the case of the prosecution and turned hostile. Further argument is that appellant has already served almost nine months of incarceration out of total jail sentence awarded to him and present appeal is likely to take long time to come up for final

2 CRA-5458-2024 hearing, he prays for suspension of jail sentence of the appellant and grant of bail to him.

Per contra, leaned counsel for the respondent/State opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.12290/2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is

further directed to mark his appearance before the Office of this Court on 16.12.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course .

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS