Dharmendra Vs. the State of Madhya Pradesh

Dharmendra vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Sep 18, 2013

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https://sooperkanoon.com/case/1043967

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Citation: sooperkanoon.com/1043967
Court: Madhya Pradesh High Court
Decided On: Sep 18, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Dharmendra

Advocate Shri. S.K.Gangrade

Respondent

The State of Madhya Pradesh

Excerpt

.....been released on bail on the ground that he was young boy aged about 21 years at the time of incident. learned counsel has submitted that the present appellant on the date of incident was 20 years.he has further submitted that this appellant also suffered the jail sentence of more than 7 years which was also undergone by bhure singh (appellant of cr.a.no.697/2009).on the other hand, shri sudesh verma, learned public prosecutor has vigorously opposed the bail application and prayed that the same be dismissed. looking to the parity between two co-accused persons without commenting on merits of the case, we are of the view that this application deserves to be allowed. it is hereby directed that execution of remaining jail sentence of appellant raju @ raja babu shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of rs.1,00,000/- (rs.one lac) with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before the registry of this court on 27/01/2014 and thereafter on further dates as may be directed by the registry of this court in that regard. certified copy as per rules. (a.k.shrivastava) (g.s.solanki) judge judge navin

Full Judgment

Criminal Appeal No.699/2013 18/09/2013 Shri S.K.Gangrade, learned counsel for the appellants.

Shri Sudesh Verma, learned Public Prosecutor for the respondent/State.

Heard on I.A.No.20558/13, which is the second application for suspension of sentence and grant of bail filed on behalf of appellant Raju @ Raja Babu.

The fiRs.application was dismissed as withdrawn.

Appellant stand convicted for the offence punishable under Sections 302/149, 147, 148, 325/149 of IPC and has been sentenced to suffer Life Imprisonment, RI for 6 months, RI for 1 month, RI for 2 years with fine of Rs.5000/-, Rs.1000/- with default stipulations as mentioned in the impugned judgment.

The contention of learned counsel for the appellant is that in the connected criminal appeal No.697/2009 (Bhure Singh versus State of M.P.).the appellant of that case Bhure Singh has been released on bail on the ground that he was young boy aged about 21 years at the time of incident.

Learned counsel has submitted that the present appellant on the date of incident was 20 yeaRs.He has further submitted that this appellant also suffered the jail sentence of more than 7 years which was also undergone by Bhure Singh (appellant of Cr.A.No.697/2009).On the other hand, Shri Sudesh Verma, learned Public Prosecutor has vigorously opposed the bail application and prayed that the same be dismissed.

Looking to the parity between two co-accused persons without commenting on merits of the case, we are of the view that this application deserves to be allowed.

It is hereby directed that execution of remaining jail sentence of appellant Raju @ Raja Babu shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs.One lac) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 27/01/2014 and thereafter on further dates as may be directed by the Registry of this Court in that regard.

Certified copy as per rules.

(A.K.Shrivastava) (G.S.Solanki) Judge Judge navin

Same Court & Year Madhya Pradesh · 2013 Same Parties Dharmendra vs The State of Madhya Pradesh Same Subject Land Acquisition