Jitendra Ngaich @ Ajay Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 3849 MP

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              HIGH COURT OF MADHYA PRADESH
                            Cr.A.No.611/2020
     (Jitendra Ngaich Alias Ajay Sharma Vs. The State of M.P.)

Gwalior, Dated : 02.08.2021

      Shri Jai Prakash Saxena, learned counsel with Shri Amit Kumar

Goswami, counsel for the appellant.

      Shri Vinod Pathak, learned Panel Lawyer for the State.

      Heard through Video Conferencing.

      Heard on I.A.Nos.16688/2020, 14163/2021 and 17226/2021,

applications for urgent hearing.

      For the reasons mentioned in the said applications, the said

applications are allowed.

      Accordingly, I.A.Nos.16688/2020, 14163/2021 and 17226/2021

are disposed of.

      Being arguable, the appeal is admitted for final hearing.

      This criminal appeal assails the judgment of the trial Court dated

30.11.2019

passed by Special Judge (Dacoity), Area No.1, Bhind,

District Bhind in Special Case No.1400051/2011 (DOCT), whereby the

appellant has been convicted under Section 394 of IPC read with

Section 11/13 of M.P.D.V.P.K. Act and sentenced to suffer 10 years RI

with a fine of Rs.1000/- with the default stipulation.

Heard on I.A.No.2453/2020, first application under Section 389

(1) of Cr.P.C. for suspension of jail sentence and grant of bail filed on

behalf of the appellant.

Learned counsel for the appellant submits that no looted

HIGH COURT OF MADHYA PRADESH Cr.A.No.611/2020 (Jitendra Ngaich Alias Ajay Sharma Vs. The State of M.P.)

property has been recovered from the present appellant. Only on the

basis of memorandum of co-accused, the appellant has been falsely

implicated in the present case. Co-accused Chhotu alias Vimlesh has

already been suspended by the Coordinate Bench of this Court vide

order dated 11.07.2018 passed Cr.A.No.945/2018. The case of the

present appellant is similar to the case of the co-accused Chhotu alias

Vimlesh.

Per contra, learned Panel Lawyer for the State has opposed the

application stating that the appellant is having criminal history of 12

cases. The appellant has remained under custody about four and half

years. But he could not dispute the factum of parity with the

co-accused Chhotu alias Vimlesh.

Considering the facts and circumstances of the case and looking

to the parity and the custody period of the present appellant,

I.A.No.2453/2020 is allowed and it is directed that the jail sentence of

the appellant will remain under suspension on verification of the fact

that whether the fine amount has been deposited or not, on the

appellant furnishing bail bond of Rs.50,000/- (Rs. Fifty Thousand

Only) with one solvent surety to the satisfaction of the concerned trial

Court, for appearance of the appellant before the Principal Registrar of

this Registry on 30.09.2021 and thereafter, subsequent dates as may be

fixed by the Registry from time to time till disposal of the appeal.

HIGH COURT OF MADHYA PRADESH Cr.A.No.611/2020 (Jitendra Ngaich Alias Ajay Sharma Vs. The State of M.P.)

In case of involvement of the present appellant in any other

offence, the suspension order which has been granted by this Court

will be automatically recalled.

Accordingly, I.A.No.2453/2020 stands disposed of.

List the case for final hearing in due course.

E-copy/certified copy as per rules/directions.

                                                        (Vishal Mishra)
AK/-                                                        Judge
       ANAND KUMAR
       2021.08.06
       10:30:32 +05'30'