Ajay @ Jiddi Raja vs The State Of Madhya Pradesh

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               HIGH COURT OF MADHYA PRADESH
                        CRA No. 2028 of 2022
              (AJAY @ JIDDI RAJA Vs THE STATE OF MADHYA PRADESH)

Dated :    11.04.2022

      Shri Mukesh Chandra Pathak, learned counsel for the appellant.

      Shri Ramadhar Chaubey, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.3312/2022, first application under Section 389 (1) of Cr.P.C. filed by appellant for suspension of sentence and grant of bail.

Vide judgment dated 4.12.2021 passed by learned Special Judge (MPDVPK), District Datia, (M.P.) in S.T.No.08/2017 the appellant has been convicted and sentenced as under:

Section Sentenc Fine In default stipulation e 392 7 years Rs.2,000/- six months RI r/w RI section 397 IPC & section 13 of MPDV PK In brief prosecution case is that on 3.4.2017 complainant Manish Tiwari lodged a report at Police Station Basia against two unknown persons that on 2.4.2017 in the evening at 7.45, he was in his shop. Two persons came on Hero Honda motorcycle for thrice and demanded water pouch. He gave water pouch. During this coming and going one person took away his cash box, second person attacked with knife and ran away. They were chased but could not caught hold. In the cash box Rs.6000/- was kept. The accused are about 20-22 years old. On his report offence under sections 2 392, 34 of IPC and sections 11,13 MPDVPK Act bearing Crime No.25/2017 was registered. During investigation appellant was apprehended on the next day on 4.4.2017. At his behest 640 coins were seized and he was identified by the complainant.

It is submitted by learned counsel for he appellant that the appellant was in custody from 5.4.2017 to 22.7.2017 during trial. Learned counsel for the appellant further submits that hearing of this appeal shall take considerably long time. Under these circumstances, he prayed to suspend the jail sentence of the appellants and grant bail.

Heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case and looking to the fact that the appeal is of the year 2022 and the final outcome of appeal will take time, but without commenting anything on the merits of the case, I.A.No. 3312/2022 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 furnishing bail bond of Rs.50,000/- (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 27th June, 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.

                                                   (Deepak Kumar Agarwal)
vv                                                          Judge

        VALSALA
        VASUDEVAN
        2022.04.11
        22:43:23
        +05'30'