Madhya Pradesh High Court
Chandrabhan Dheemer vs The State Of Madhya Pradesh on 13 March, 2025
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1 CRA-10212-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10212 of 2022
(CHANDRABHAN DHEEMER Vs THE STATE OF MADHYA PRADESH )
Dated : 13-03-2025
Shri A.S. Parihar - Advocate for the appellant.
Ms. Shanti Tiwari - Panel Lawyer for the respondent/State.
Though the previous application for bail was decided by some co-
ordinate Bench; however, the case is taken up for hearing in terms of the
Administrative Order dated 13.2.2025, which has been issued in
pursuance of the judgment of the Apex Court in Writ Petition (Criminal) No.
55/2025 -Shekhar Prasad Mahto @ Shekhar Kushwaha v. Registrar General,
Jharkhand High Court.
Heard on I.A. No.2972/2025, which is repeat (second) application
filed on behalf of the appellant-Chandrabhan Dheemer for suspension of
sentence and grant of bail.
Earlier bail application of the present appellant was dismissed on merit
by the co-ordinate bench of this Court vide order dated 04.07.2023 bearing
I.A.No.20959/2022.
The appellant has been convicted by the trial Court under Section 420
of IPC and sentenced him to undergo R.I. for 4 years with fine of Rs.3,000/-
and Section 468 of IPC and sentenced him to undergo R.I. for 4 years with
fine of Rs.3,000/- with default stipulations.
Learned counsel for the appellant submits that the trial Court has not
properly appreciated the oral and documentary evidence available on record
2 CRA-10212-2022
while convicting the appellant for the aforesaid offences. It is contended by
the counsel that last application of the present appellant was dismissed on
merit vide order dated 04.07.2023 bearing I.A.No.20959/2022 and the
appellant is in jail since 08.10.2022 and during trial, he was in jail from
09.05.2014 to 07.08.2014, therefore, as of now, the appellant has suffered
incarceration of more than 2 years and 8 months out of total sentence of four
years. There is material contradictions and omissions in the evidence of
witnesses. This appeal is of the year 2022 and final hearing of this appeal
will take considerable time for its final disposal. There is fair chance to
succeed in the appeal. Under these circumstances, if the sentence of the
appellant is not suspended, purpose to file this appeal will be futile.
Therefore, prayer is made for suspension of execution of jail sentence and
grant of bail of present appellant.
Per contra, learned counsel for the respondent-State has opposed the
prayer and submitted that the appellant has been rightly convicted by the trial
Court on the basis of proper appreciation of oral as well as documentary
evidence. It is contended by the counsel that earlier application of the present
appellant was dismissed on merit by the coordinate Bench of this Court.
Therefore, the sentence of the appellant should not be suspended.
Heard the counsel for the parties and perused the record.
On perusal of record it reflects that the last bail application of the
appellant was dismissed on merit by the co-ordinate Bench of this Court vide
order dated 04.07.2023 and therefore, as of now the appellant has suffered
incarceration of more than 2 years and 8 months out of total sentence of four
3 CRA-10212-2022
years. This appeal is of the year 2022 and final hearing of this appeal will
take time.
In view of the overall facts and circumstances of the case and looking
to the incarceration period of the present appellant, I find it to be a fit case to
suspend the jail sentence of the appellant and to release his on bail.
Therefore, without commenting on the merit of the case, the application is
allowed.
It is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of the appellant shall remain
suspended and she shall be released on bail for securing his presence before
the trial Court concerned on 15.07.2025 and on such other dates as may be
fixed by the trial Court in that regard during pendency of this appeal.
It is made clear that if the appellant is not required in any other case,
she be released forthwith subject to deposit of fine amount (if not deposited).
List this case for final hearing in due course.
Certified copy as per rules.
(MANINDER S. BHATTI)
JUDGE
sp
