Dhanpal vs The State Of Madhya Pradesh
2024 Latest Caselaw 6279 MP

Madhya Pradesh High Court

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

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3792 of 2021
                                                (DHANPAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-02-2024
                                 Shri Parvez Ahmed Quazi - Advocate for the appellant.

                                 Shri Ajay Shukla - Government Advocate for the respondent-State of

M.P.

Heard on I.A. No.18378 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant- Dhanpal

arising out of judgment dated 17.11.2020 delivered in S.C. No.54/2020 passed by Additional Sessions Judge, Amarawada, District Chhindwara.

The sole appellant has been convicted and sentenced for the offence punishable under Section 201 of IPC and sentenced to undergo R.I. for ten years with fine of Rs.2000/- and under Section 17, Rule (16) 2 of Protection of Children from from Sexual Offences Act to undergo R.I. for seven years with fine of Rs.2000/- with default stipulation.

Learned counsel for the appellant submits that Para -77 of the impugned judgment makes it clear that the appellant has not committed any sexual assault

on the deceased. Infact, as per prosecution story, the appellant reached to the place of incident after the incident had already taken place. Thus, appellant could have been held guilty for committing the offence under the Protection of Children from Sexual Offences Act. At best, for the sake argument, the appellant can be said to be held guilty for committing offence under Section 201 of IPC because the appellant allegedly took the dead body in urea bag and threw it near machagora dam mai temple. The trial court has inflicted penalty of seven years for committing offence under Section 201 of IPC. The appellant is

in custody since 21.7.2020 and has completed half of the sentence. Final hearing of this appeal is not possible in near future, thus, the remaining jail sentence of appellant may be suspended.

Learned Government Counsel opposed the prayer.

Considering the limited role allegedly played by the appellant coupled with the fact that the appellant has already undergone half of the actual sentence and little chances of final hearing in near future, 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.18378 of 2023 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 appellant- Dhanpal 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, Amarwada, district Chhindwara on 29.04.2024 and also on such other 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)                                   (DWARKA DHISH BANSAL)
                                   JUDGE                                              JUDGE

                          bks