Dursingh vs The State Of Madhya Pradesh
2024 Latest Caselaw 28243 MP

Madhya Pradesh High Court

Dursingh vs The State Of Madhya Pradesh on 14 October, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                                1                                CRA-4488-2024
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                         CRA No. 4488 of 2024
                                                 (DURSINGH Vs THE STATE OF MADHYA PRADESH )


                           Dated : 14-10-2024
                                 Shri Vikas Rathi, learned counsel for the appellant.

                                 Shri H.S. Rathore, learned Government Advocate for the respondent/State.

Heard on I.A.No.5647/2024, which is first application under Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Dursingh.

Appellant stands convicted vide judgment dated 12.03.2024 passed in S.T. No.01/2019 by 1st ASJ, Alirajpur (M.P.) under Sections 307, 332/34 (two counts) and 353 of Indian Penal Code, 1860 and has been sentenced to undergo 10, 3-3 & 02 years R.I. with fine of Rs.5,000/-, 1000-1000/- and 1000/- respectively with usual default stipulation.

Learned counsel for the appellant submit that appellant is an innocent person and he has been falsely implicated in this matter. It is further submitted that the appellant has completely custody of 10 months whereas the sentence of co- accused Mukla @ Mukesh has already been suspended on completion of custody of eight months. There are material contradictions and omissions in the statement

of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

2 CRA-4488-2024 Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him; there is no bony injury to injured by the appellant; and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.5647/2024 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the

appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 22.11.2024 and on all such subsequent dates, which are fixed in this behalf.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE

Vindesh