Sunil Dhurve vs The State Of Madhya Pradesh
2024 Latest Caselaw 5772 MP

Madhya Pradesh High Court

Sunil Dhurve vs The State Of Madhya Pradesh on 26 February, 2024

Author: Chief Justice

Bench: Chief Justice

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 7075 of 2022
                                               (SUNIL DHURVE Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-02-2024
                                 Shri Shailendra Verma - Advocate for the appellant.

                                 Shri Anubhav Jain - Public Prosecutor for the respondent/State.

I.A. No.15332 of 2022 is the first application under Section 389(1) of Cr.P.C. for suspension of execution of sentence and enlargement on bail filed on behalf of appellant-accused Sunil Dhurve.

Appellant-accused Sunil Dhurve is convicted under Section 302 (on two counts) and Section 201 of IPC and sentenced to undergo life imprisonment on each count and R.I. for 3 years and to pay a fine of Rs.1,000/- and Rs.1,000/- respectively with default stipulation as mentioned in the impugned judgment dated 27.07.2002.

As per the prosecution case, appellant-accused committed murder of Mahima and her daughter Tamanna @ Ruchika and caused disappearance of evidence of offence.

It is argued that there is no evidence to connect the appellant-accused

with the offence. He is implicated in the case only on suspicion.

The dead bodies of Mahima and Tamanna were recovered in a decomposed state. No definite opinion is given regarding the cause of death by Dr. Sanjay Rai (PW-10).

Public Prosecutor opposed the prayer referring to the testimony of Chitra Kahar (PW-1), father of the deceased (PW-2), sister Shivani (PW-3), brother (PW-4) and other official witnesses.

Considering the opinion regarding cause of death and evidence of

prosecution, appellant-accused deserves for suspension of sentence and enlargement on bail. Accordingly, I.A. No.15332 of 2022 is allowed.

Appellant-accused Sunil Dhurve is directed to be enlarged on bail, subject to depositing the fine amount and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court on 13.05.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                (RAVI MALIMATH)                                    (GAJENDRA SINGH)
                                  CHIEF JUSTICE                                         JUDGE

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