Dharmendra @ Jitendra vs The State Of Madhya Pradesh
2024 Latest Caselaw 6522 MP

Madhya Pradesh High Court

Dharmendra @ Jitendra vs The State Of Madhya Pradesh on 4 March, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 2453 of 2024
                                     (DHARMENDRA @ JITENDRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 04-03-2024
                                 Shri Tanuj Tiwari, learned counsel for the appellant.

                                 Shri Kapil Mahant, learned P.L. for the State.


                                 Heard on the question of admission.
                                 2. The criminal appeal is admitted for final hearing.
                                 3. Also, heard on I.A.No.2981/2024, which is first application for

                           suspension of sentence and grant of bail filed under section 389(1) of the
                           Cr.P.C. on behalf of appellant- Dharmendra@ Jitendra.
                                 4. The trial Court has convicted the appellant under Section 325 of the
                           I.P.C. and sentenced to undergo 6 months R.I. with fine of Rs.2,000/-, with
                           default stipulation, vide judgment of conviction and order of sentence dated
                           08.02.2024 passed by the Special Judge, S.C./S.T. (P.A.) Act, District
                           Shajapur in Special Case No.142/2020.
                                 5 . Learned counsel for the appellant submits that short sentence of 6
                           months has been involved in this case. The trial Court itself suspended the jail

                           sentence of the appellant till 07.03.2024. Final hearing of this appeal is not
                           possible in near future therefore, it is prayed that the remaining jail sentence of
                           the appellant may be suspended and he may be released on bail.
                                 6. Learned counsel for the respondent/State has opposed the prayer of

the appellant.

7. I have heard learned counsel for both the parties and perused the record.

8. Looking to the facts and circumstances of the case and coupled with

the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A.No.2981/2024 is allowed and the jail sentence of the appellant shall remain suspended.

9. It is directed that subject to depositing the fine amount, if already not deposited, appellant-DHARMENDRA@ JITENDRA shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 27.05.2024, and on such other dates, as may be fixed by the Registry

in this regard, till final disposal of this appeal.

10. Record of the court below be requisitioned. Certified copy as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

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