Dharmendra Kuchbandiya vs The State Of Madhya Pradesh
2024 Latest Caselaw 16441 MP

Madhya Pradesh High Court

Dharmendra Kuchbandiya vs The State Of Madhya Pradesh on 31 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                  1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRR No. 2389 of 2024
                                        (DHARMENDRA KUCHBANDIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-05-2024
                                 Shri Vibhor Sahu, Advocate for the petitioner.

                                 Shri Alok Sharma, P.L. for the respondent/State.

Heard on admission.

Admit.

Record of the court below has already been received. Heard on I.A.No. 9782 of 2024, an application under Section 397(1) of

Cr.P.C. for suspension of sentence and grant of bail to the petitioner- Dharmendra Kunchbandiya.

The revision has been preferred by the petitioner under Section 397/401 o f the Cr.P.C. against the impugned judgment dated 04.05.2024 in Cr.A.No. 112/2023 passed by 3rd Additional Sessions Judge, Dist. Vidisha, (M.P.) arising out of the judgment of conviction and sentence dated 22.11.2023 passed in RCT No. 86/2017 by Judicial Magistrate First Class, Vidisha convicting the petitioner for the offence punishable under Section 324 r/w section 34 of IPC and sentencing him to undergo rigorous imprisonment of Six month and fine of

Rs. 500/-, with default stipulation.

Learned counsel for the petitioner argued that the Courts below have wrongly appreciated the evidence and convicted the petitioner. It is further submitted that there are material omissions and contradictions in the statements of prosecution witnesses. The petitioner has already suffered 20 days of incarceration out of total awarded jail sentence of six months. The petitioner during trial remained on bail and he did not misuse the liberty so granted.

Hence, it has been prayed that the petitioner be released on bail.

On the other hand, learned Panel Lawyer opposed the application and prayed for rejection of the same.

I n view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No.9782 of 2024) is allowed. It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court 11.11.2024 and on all other dates which may be given by the Office for his

appearance.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

Durgekar