Hareram @ Daaku vs The State Of Madhya Pradesh
2024 Latest Caselaw 21146 MP

Madhya Pradesh High Court

Hareram @ Daaku vs The State Of Madhya Pradesh on 5 August, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                               1                                CRA-5821-2022
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 5821 of 2022
                                            (HARERAM @ DAAKU Vs THE STATE OF MADHYA PRADESH )


                           Dated : 05-08-2024
                                 Shri Kuldeep Singh - Advocate for the appellant.
                                 Smt. Nupur Dhamija - Dy. Govt. Advocate for respondent/ State.

Shri Shubham Mishra - Advocate for the complainant.

Trial Court record has been received.

Heard on admission.

Trial Court record perused.

Prima facie , this appeal seems to be arguable. Hence, admitted for final hearing.

Heard on I.A.No.4705/2024 which is an application under Section 389(1) of the Cr.P.C.for suspension of sentence and grant of bail.

The appellant has been convicted under Sections 307/34 of IPC and has been sentenced to undergo R.I. for 7 years and fine of Rs. 5000/- with default stipulations vide judgment of conviction and sentence order dated 20.06.2022, passed by the Session Judge, Harda in Sessions Trial No. 38/2020 (State of M.P.

Vs. Hareram @ Daaku & Another).

Learned counsel for the appellant has submitted that appellant has already undergone jail sentence of four years and seven months. Final hearing of this appeal will take time. He has fair chances to succeed in the appeal. Therefore, it has been prayed that appellant Hareram @ Daaku may be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the

2 CRA-5821-2022 prayer for grant of bail.

Appellant has already undergone jail sentence of four years and seven months. I have gone through the evidence of witnesses and material available on record, but without expressing any opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A.No.4705/2024 is allowed. The execution of jail sentence of appellant- Hareram @ Daaku is hereby suspended subject to depositing the 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 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 Registry of this Court on 26.11.2024 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List the case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra