Hemant Chikhale vs The State Of Madhya Pradesh
2025 Latest Caselaw 5902 MP

Madhya Pradesh High Court

Hemant Chikhale vs The State Of Madhya Pradesh on 22 March, 2025

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                1                                CRA-2919-2021
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                        CRA No. 2919 of 2021
                                             (HEMANT CHIKHALE Vs THE STATE OF MADHYA PRADESH )



                           Dated : 22-03-2025
                                  Shri Manish Datt - Sr. Advocate with Shri Shubham Mishra - Advocate for
                           the appellant.
                                  Shri D. K. Shukla - Panel Lawyer for respondent.

Heard on I.A. No.1051/2024, which is second application under Section 389 (1) of Cr.P.C. filed on behalf of appellant for suspension of sentence and

grant of bail.

2. The appellant's first bail application was dismissed as withdrawn vide order dated 11.4.2023.

3. The appellant has been convicted for commission of offence under Sections 341 and 376(1) of IPC and has been sentenced to undergo S.I. for One month and R.I. for 10 years respectively and fine of Rs.5000/- with default stipulations, vide judgment dated 15.01.2021 passed in S.T.No.44/2018 (State of M.P. Vs. Hemant Chikhale) by 1st Additional Sessions Judge, Wara Seoni, District Balaghat (M.P.).

4. Learned counsel for the appellant has submitted that appellant is in jail right from the date of arrest and has undergone almost 07 years and 09 months jail sentence so far. Therefore, on the ground of detention only, bail is sought.

5. On the other hand, learned counsel for the respondent/State has opposed grant of bail.

2 CRA-2919-2021 6 On perusal of the custody report received from the Superintendent, District Jail, Balaghat, it is revealed that appellant has already undergone almost a period of 07 years and 09 months with remission in jail. This is an appeal of 2021 and there is bleak possibility of hearing of this appeal in near future. Therefore, having taken into consideration the detention period of the appellant and the fact that if appellant is not released on bail, the purpose of filing of appeal would become futile, I am inclined to suspend the jail sentence of appellant and release him on bail. Consequently, I.A. No.1051/2024 is allowed.

7. The execution of jail sentence of appellant Hemant Chikhale is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the

like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 28.07.2025 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra