Sudhir Dohare @ Ramjilal Dohare vs The State Of Madhya Pradesh
2024 Latest Caselaw 21145 MP

Madhya Pradesh High Court

Sudhir Dohare @ Ramjilal Dohare vs The State Of Madhya Pradesh on 5 August, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                           1                           CRA-7580-2021
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                              CRA No. 7580 of 2021
                                (SUDHIR DOHARE @ RAMJILAL DOHARE Vs THE STATE OF MADHYA PRADESH )



                          Dated : 05-08-2024
                                Ms Indu Pande - Advocate for the appellant.
                                Smt Nupur Dhamija -             Dy. Government Advocate for the
                          respondent/State.

Heard on I.A. No.6121/2024, third application under Section

389(1) of Cr.P.C for suspension of jail sentence and grant of bail to appellant, pending the appeal.

Appellant has been convicted for commission of offence under Sections 420, 467, 468 and 471 of IPC and has been sentenced to undergo R.I. for three years with fine of Rs.5000/-, R.I. for five years with fine of Rs.10,000/-, R.I. for five years with fine of Rs.10,000/- and R.I. for two years with fine of Rs.5000/- with default stipulations respectively vide judgment dated 10.11.2021 passed in S.T.

No.1085/2014 (State of M.P. Vs. Sudhir Dohare @ Ramjilal Dohare) by VII Additional Sessions Judge, Bhopal (M.P.).

Appellant's first bail application was dismissed on merit vide order dated 14.02.2022 and the second bail application was dismissed as withdrawn vide order dated 13.12.2023.

In this third application, bail has been sought only on the ground

2 CRA-7580-2021 of incarceration period undergone by the appellant so far in the case. It is contended that appellant has undergone more than half of the sentence. The maximum sentence awarded by the Trial Court is five years. He has already undergone more than half of the sentence. The appeal is of 2021 and there is no possibility of hearing of the same in near future. Therefore, it is prayed that appellant may be released on bail by suspending his jail sentence.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

It is undisputed that appellant has undergone more than half of the

sentence. The appeal is of year 2021. Hence, there is no possibility of hearing of this appeal in near future. Therefore, if jail sentence of the appellant is not suspended, the purpose of filing of this appeal may become otiose. Therefore, having taken into consideration the incarceration period already undergone by the appellant and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant. Consequently, I.A. No.6121 of 2024 is allowed.

It is directed that the execution of jail sentence of Sudhir Dohare @ Ramjilal Dohare is hereby suspended subject to depositing the entire fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of

3 CRA-7580-2021 Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 27.11.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

DV