Madhya Pradesh High Court
Dharmendra Alias Monu Sharma vs The State Of Madhya Pradesh on 25 March, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
The High Court of Madhya Pradesh
Cr.A.No.6872/2019
Dharmendra alias Monu Sharma Vs. State of M.P.
Gwalior dated 25.3.2022
Shri Kanhaiya Singhal and Shri Samar Ghuraiya, learned counsel
for the appellant.
Shri Pramod Pachauri, learned Public Prosecutor for
respondent/State.
Per Justice Deepak Kumar Agarwal:
IA.No.11734/2020, 1st application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant - Dharmendra alias Monu Sharma.
Prosecution case in brief is that on 18.12.2011 complainant Ramesh gave an information to police Station, Gormi, Distt. Bhind that a dead-body of a male is lying in the field of mustard. Merg No.40/2011 under Section 174 of Cr.P.C. was recorded. Merg was enquired. Dead-body was identified as of Rambabu by Shankar Singh, Vakeel Singh, Bhure Khan. After Merg enquiry, offence under Sections 302 and 201 of IPC was registered at crime No.254/2011. During investigation, statements of the witnesses were recorded. At the behest of appellant/accused one country-made pistol, one key of Qualis vehicle and one mobile were seized. He was arrested. After investigation, charge-sheet has been filed against appellant and three others. After trial, learned trial Court convicted the appellant under Sections 302, 394, 201 of IPC and Section 25(1-b)(a) of the Arms Act and sentenced him to undergo life imprisonment with fine of Rs.5,000/-, 10 years RI with fine of Rs.3,000, 3 years RI with fine of 2 The High Court of Madhya Pradesh Cr.A.No.6872/2019 Rs.2,000/- and 1 year RI with fine of Rs.1,000/- respectively.
It is submitted by learned counsel for the appellant that present case is based on circumstantial evidence. Appellant has been implicated in the crime on the basis of his memorandum and seizure. Deceased Rambabu was driver of Wahid Khan (PW-6). As per statement of Wahid Khan, deceased Rambabu was going along with four persons towards Bhind, out of them one person was Pappu Yadav. It is true that L.P.Chanderiya (PW-10), the then SHO, has stated that at the behest of appellant, he seized, country-made pistol, key of Qualis vehicle and mobile, but the witnesses of memorandum and seizure Shafi Ahmad (PW-4) and Munnawar Khan (PW-3) have not supported the prosecution case and declared hostile. During trial, appellant remained in custody from 14.1.2012 to 21.4.2012 and 17.7.2019 to 18.7.2019 and thereafter from the date of judgment i.e. 18.7.2019 till today. He has a good case on merits. Final hearing of the appeal will take time. On such premises, learned counsel for the appellant prayed for bail.
Learned counsel for the State opposed the application and prayed for its rejection.
Looking to the facts and circumstances of the case, but without commenting anything on the merits of the case, IA.No.11734/2020 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that the amount of fine has been deposited, on appellant's furnishing bail bond of Rs.50,000/- 3
The High Court of Madhya Pradesh Cr.A.No.6872/2019 (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 29th August, 2022 and thereafter on such further dates as may be fixed by the office of this Court in this regard till disposal of the appeal.
C.c. as per rules.
(Rohit Arya) (Deepak Kumar Agarwal)
Judge Judge
ms/-
MADHU
SOODAN
PRASAD
2022.03.25
16:24:59 +05'00'