Madhya Pradesh High Court
Vikram @ Bheem vs The State Of Madhya Pradesh on 3 August, 2021
Author: Rohit Arya
1 CRA-1342-2016
The High Court Of Madhya Pradesh
CRA-1342-2016
(VIKRAM @ BHEEM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
17
Indore, Dated : 03-08-2021
Shri Akash Sharma, learned counsel for the appellant.
Shri Arjun Pathak, learned Panel Lawyer for the respondent-State.
Heard through Video Conferencing.
Heard on I.A.No.4609/2021, fourth repeat application under section
389 Cr.P.C., seeking suspension of sentence and grant of bail filed on behalf
of the appellant no. 2 - Arjun alias Jeevan Parmar
The present appellant has been convicted under section 392 r/w 34 of
IPC and sentenced to suffer rigorous imprisonment of 10 years with the fine
of Rs.2,000/-, convicted u/S 397 r/W 34 of IPC and sentenced to suffer 07
years R.I. with fine of Rs. 2,000/- & further convicted u/S 27 of the Arms
Act and sentenced to suffer 05 years R.I. with fine of Rs. 2,000/- with default
stipulation vide judgment dated 31.08.2016 passed in sessions trial
No.245/2015 by the 1st Additional Sessions Judge, Shujalpur.
A s per prosecution case, appellant alongwith co-accused have
committed robbery of Rs. 1,84,000/- from the complainant while he was
returning from bank. After investigation, case has been committed to the
Court of trial. The trial Judge after carefully examining the evidence has
convicted the appellants as above.
Learned counsel for the appellant submits that appellant is innocent and
has been falsely implicated in the case. Appellant has undergone about 08
years 1 month and 29 days of sentence out of total sentence of 10
year[annexed Jail Confinement Certificate dated 11.05.2021 issued from the
office of Superintendent, District Jail, Shajapur] and, therefore, appellant may
be granted suspension of sentence as he has suffered more than half of jail
sentence. To bolster his submission, learned counsel for the appellant has
Signature Not Verified
SAN
relied upon the judgment of Hon'ble Supreme Court reported in 2006(9)
Digitally signed by SEHAR HASEEN
Date: 2021.08.04 10:33:15 IST
2 CRA-1342-2016
SCC 602 [Salim Javed Vs. State of Rajasthan]. Due to the Covid-19
pandemic, the final disposal of the appeal shall take time. Hence, the present
appellant may be granted suspension of sentence on such terms and
conditions this Hon'ble Court deems fit and proper.
Per contra , learned Panel Lawyer opposes the bail application and
prayed for its rejection.
Considering the facts and circumstances of the case and submission of
learned counsel for the parties but, without expressing any opinion on merits
of the case, regard being had to the period of sentence suffered by the
appellant no.2 i.e. more than 08 years out of total sentence of 10 years, I
deem it appropriate to allow the application for suspension of sentence.
Consequently, I.A. is hereby allowed and it is directed that execution
of jail sentence of the appellant no.2 - Arjun shall remain suspended during
pendency of this appeal and he shall be enlarged on bail subject to furnishing
personal bond in the sum o f Rs3,00,000/- (Rupees Three Lakhs Only)
with one solvent surety in the like amount to the satisfaction of the Trial
Court and also subject to deposit of the fine amount (if not already
deposited) for appearance before the Registry of this Court on 27.09.2021,
and on further dates as may be directed by the Registry in that regard, with
following further conditions:
(i) the appellant will abide by the terms and conditions of various
circulars and orders issued by the Government of India and the State
Government as well as the local administration from to time in the matter of
maintaining social distancing, physical distancing, hygiene, etc., to avoid
proliferation of Novel Corona virus (COVID-19);
(ii) the concerned jail authorities are directed that before releasing the
appellant, the medical examination of the appellant be conducted through the
jail doctor and if it is prima facie found that he is having any symptoms of
COVID-19, then the consequential follow up action including the
isolation/quarantine or any further test required be undertaken immediately.
Signature Not Verified
SAN
Digitally signed by SEHAR HASEEN
Date: 2021.08.04 10:33:15 IST
3 CRA-1342-2016
Learned Panel Lawyer is directed to send an e-copy of this order to all
the concerned including the concerned Station House Officer of the police
station for information and necessary action.
List in due course.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
sh
Signature Not Verified
SAN
Digitally signed by SEHAR HASEEN
Date: 2021.08.04 10:33:15 IST
