Dinesh Rawat vs The State Of Madhya Pradesh
2024 Latest Caselaw 15418 MP

Madhya Pradesh High Court

Dinesh Rawat vs The State Of Madhya Pradesh on 22 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                           1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                    CRA No. 1102 of 2024
                                           (DINESH RAWAT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-05-2024
                                Mr. F.A. Shah - Advocate for the appellant.

                                Mr. Rajesh Shukla - A.A.G. for the respondent - State.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Also, heard on I.A. No. 3881 of 2024, first application u/S. 389 of the Cr.P.C. for suspension of jail sentence and grant of bail to the

appellant.

Present criminal appeal has been filed challenging the impugned judgment of conviction and sentence dated 11.12.2023 passed by First Additional Sessions Judge, Dabra, District Gwalior in Sessions Trial No. 577/2016, whereby the appellant has been convicted and sentenced under Section 302/149 of IPC to undergo life imprisonment with fine of Rs.5000/-, under Section 307/149 to undergo rigorous imprisonment of seven years with fine of Rs.2000/- and under Section 323 (two counts) of IPC to undergo rigorous imprisonment of six months (for each count) and

fine of Rs.1000/- (for each count), with default stipulations.

Learned counsel for the appellant argued that learned court below has wrongly convicted the appellant without properly appreciating the evidence available on record. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that the allegation of inflicting injury by means of firearm has not

been attributed to the appellant. As per prosecution story, he assaulted by means of lathi and the case of the present appellant is at parity with the case of co-accused Bhura, whose jail sentence has already been suspended and he was granted bail by order dated 19.3.2008 passed in Cr.A. No. 8 of 2008. Hence, he prayed for suspension of jail sentence and grant of bail to the appellant.

On the other hand, learned counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the record. Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, IA No.3881 of 2024

is hereby allowed. Subject to depositing the fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court first on 14.10.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Trial Court for compliance.

Certified copy/ e-copy as per rules/directions.

                            (SUNITA YADAV)                             (RAJENDRA KUMAR VANI)







                                JUDGE       JUDGE
                          AKS