Dimmu @ Suresh Verma vs The State Of Madhya Pradesh
2024 Latest Caselaw 15842 MP

Madhya Pradesh High Court

Dimmu @ Suresh Verma vs The State Of Madhya Pradesh on 28 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         CRA No. 8266 of 2022
                                         (DIMMU @ SURESH VERMA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-05-2024
                                Shri M.R. Verma - Advocate for the appellant.

                                Ms. Preeti Singh - Panel lawyer for respondent-State.

Heard on I.A No.10983/2024, which is second application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant. The earlier one was dismissed as withdrawn vide order

dated 02.01.2023.

The appellant has been convicted of the offence punishable under Section 377 of IPC and sentenced to undergo RI for 10 years and fine of Rs.1,000/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the versions of the prosecution witnesses. The appellant was on bail during trial and did not misuse the liberty so granted. The appellant is in custody and there

is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application and prays for its rejection.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merits of the case, this

application is allowed.

It is directed that subject to deposit of fine amount, if already not deposited and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till final disposal of this appeal. The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 15.07.2024 and on all such subsequent dates, which are fixed in this regard by the concerned trial

Court.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

DevS