Madhya Pradesh High Court
Motilal Dhanak vs The State Of Madhya Pradesh on 27 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 817 of 2024
(MOTILAL DHANAK Vs THE STATE OF MADHYA PRADESH)
Dated : 27-02-2024
Shri Pawan Gujar - Advocate for the appellant.
Shri Yogesh Dhande - Government Advocate for the State.
Heard on I.A. No.1027 of 2024, application under Section 389(1) of the
Cr.P.C for suspension of sentence and grant of bail to appellant - Motilal
Dhanak arising out of judgment dated 07.10.2023 delivered in S.T. No.26/2017
passed by First Additional Sessions Judge, Gadarwara District Narsinghpur.
The appellant has been convicted under Sections 302/34 of I.P.C. and
sentenced to undergo R.I. for Life with fine of Rs.1,000/- with default
stipulations.
Learned counsel for the appellant while taking this Court through the
prosecution story submits that the complainant Hemraj lodged a report that
there was a previous enmity between the main accused Pooranlal and deceased
Ramprasad. On 19.11.2016 at around 4:00 PM, Pooranlal cracked a cracker
because of which the crop of Ramprasad caught fire. Ramprasad proceeded to
lodge a complainant to Sarpanch and while returning back from Brajesh's
house, he was stopped by accused persons and they used filthy language
against him. Ramprasad was assaulted by main accused Pooran by means of an
axe. The appellant also allegedly caused injury by means of 'lathi'. By taking
this Court to the FIR (Ex.P/20). It is submitted that there is no such allegation
that appellant caused any lathi injury to the deceased person. Same is the
situation if merg intimation is examined. The nature of injury found on the
deceased shows that all are cut injuries and there is no corresponding injury
which could have been caused by means of lathi. The main accused is Pooran
and appellant has been falsely arraigned. The necessary factual backdrop to
attack Section 34 of IPC are absent. There is no legal evidence against the
appellant. Final hearing of this appeal is not possible in near future. Thus,
remaining jail sentence of the present appellant may be suspended.
Learned Government Counsel for the State opposed the prayer.
Considering the nature of allegation and factual backdrop mentioned
hereinabove and without expressing any conclusive opinion on the merits of the
case, we deem it proper to suspend the remaining jail sentence of appellant.
Accordingly, I.A. No.1027 of 2024 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant is hereby suspended and it is directed
that the appellant - Motilal Dhanak be released on bail on his furnishing a
personal bond for a sum of Rs.30,000/- (Rupees Thirty 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, Gadarwara District
Narsinghpur on 29.04.2024 and also on such further dates as may be fixed
by the trial Court in this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (VIVEK JAIN)
JUDGE JUDGE
Prar
