Dilip vs The State Of Madhya Pradesh
2024 Latest Caselaw 6245 MP

Madhya Pradesh High Court

Dilip vs The State Of Madhya Pradesh on 29 February, 2024

Author: Vivek Rusia

Bench: Anil Verma, Vivek Rusia

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                                                           CRA No. 936/2016


         HIGH COURT OF MADHYA PRADESH: BENCH INDORE
     BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
          RUSIA & HON'BLE SHRI JUSTICE ANIL VERMA
                         CRA No. 936 of 2016
              (Dilip S/o. Bichhia. V/S. STATE OF M.P.)
Date: 29.02.2024 :
       Smt.. Sharmila Sharma, learned counsel for the appellant No.2.
       Shri Amit Rawal, learned Govt. Advocate for respondent/State.

1. Heard on I.A. No.17536/2023, first application filed u/s. 389(1) of Cr.P.C. for suspension of jail sentence on behalf of appellant.

2. Vide judgment dated 28.6.2016 passed by the First Additional Sessions Judge, Alirajpur in S.T. No. 76/2014, appellant stands convicted u/s. 302, 394, 201 of the IPC and sentenced to undergo life imprisonment; 5 years' RI; and 5 years RI' and to pay fine of Rs.1000/-; 1000/- AND 1000/- respectively with default stipulation.

3. Learned counsel for the appellant submits that appellant has fair chances of success in this appeal. Except the evidence of identification, the rest of the evidence are same as are against the co- accused - Vijay who has already been granted the benefit of suspension of jail sentence in the connected appeal. The case is based on circumstantial evidence. Appellant is in custody since last more than 10 years. This appeal is of the year 2016 and is not likely to come up for final hearing in near future. She, therefore, prays for grant of suspension of jail sentence of the appellant and for his release on bail.

On the other hand, learned Govt. Advocate opposes the prayer and prays for rejection of the application.

4. In view of the above facts and circumstances of the case in totality, without commenting anything on the merits of the case, we

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deem it proper to suspend the jail sentence of this appellant No.2.

5. Accordingly, I.A. No.17536/2023 is allowed and it stands closed. It is directed that subject to deposit of fine amount with the trial Court, if not already deposited, and on furnishing personal bond by the appellant No. - Dilip in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court the custodial part of the jail sentence of the appellant No. shall remain suspended till final disposal of this appeal. The appellant No. after being enlarged on bail shall mark his presence before the Registry of this Court on 20.03.2024 and on all such future dates as may be fixed in this behalf. I.A. No.17537/2003, an application for urgent hearing, stands disposed of.

List for final hearing in due course.

C.C. as per rules.

         [ VIVEK RUSIA ]                             [ANIL VERMA]
             JUDGE.                                     JUDGE.
Alok/-


Date: 2024.03.02 13:03:17 +05'30'