Dharmveer Dhanuk vs The State Of Madhya Pradesh
2025 Latest Caselaw 242 MP

Madhya Pradesh High Court

Dharmveer Dhanuk vs The State Of Madhya Pradesh on 1 May, 2025

                                                             1                               CRA-1266-2025
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 1266 of 2025

(DHARMVEER DHANUK AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 01-05-2025 Shri Arvind Singh Chauhan - Advocate for appellant No.2- Mukesh Jha.

Shri Samar Ghuriya - Public Prosecutor for the State.

Heard on the question of admission.

The appeal being arguable, is admitted for final hearing.

Record of the trial Court has been received.

Also heard on I.A.No.2509 of 2025 , first application under Section 430 of BNS/389 of Cr.P.C. for suspension of jail sentence and grant of bail filed on behalf of appellant No.2- Mukesh Jha.

2. This Criminal Appeal assails the judgment dated 26.12.2024 passed in SC DOCT No.52/2022 by the Special Judge, Gwalior, whereby the appellant has been convicted under Section 394 of IPC read with Sections 11/13 of the MPDVPK Act and sentenced to undergo 7 years RI with fine of Rs.1,000/- with default stipulation.

3. Learned counsel for the appellant submits that trial Court has wrongly convicted the appellant without proper appreciation of facts of the case as well as evidence on record. It is further submitted that both the evidence direct and circumstantial has been collected in this case in the form of identification of present appellant as well as identification of pendant, which is the stolen property. The complainant Savitri (PW-1) has identified the

2 CRA-1266-2025 present appellant, but in this respect Lalit (PW-2) has stated in his cross- examination para 10 that when the documents Ex.P/8 and Ex.P/9, which are the memorandum and seizure memo of pendant, were signed Savitri was also available there with him and at that time, present appellant was in custody at police Station and police has shown the present appellant to complainant as well as to this witness and apprised them that he is the accused person in this case, and therefore, the identification of present appellant loses its effect. It is also submitted that identification of the pendant is also doubtful as Savitri (PW-1) and Lalit (PW-2) both have stated that the pendant was shown to them in the police Station, therefore, the identification conducted by the prosecution thereafter of seized property also becomes futile. The appellant has already suffered incarceration of more than one year. Final hearing of

the appeal will take time. Therefore, having considered the custody of appellant as well as dubious nature of identification of present appellant as well as seized property, he may be released on bail.

4. Per contra, learned counsel for the State opposed the application and prayed for its rejection.

5. Heard learned counsel for the parties and perused the record.

6. Having considered the arguments of learned counsel for the parties and attending facts and circumstances of the case, without commenting on merits of the case, I.A.No.2509 of 2025 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac Only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the

3 CRA-1266-2025 remaining jail sentence of appellant No.2- Mukesh Jha shall remain suspended and he be released on bail. The appellant No.2 is further directed to mark his appearance before the Registry of this Court on 16/06/2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE

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