Madhya Pradesh High Court
Manoj Malviya vs The State Of Madhya Pradesh on 26 August, 2021
Author: Satyendra Kumar Singh
1 CRA-3044-2020
The High Court Of Madhya Pradesh
CRA-3044-2020
(MANOJ MALVIYA Vs THE STATE OF MADHYA PRADESH)
22
Jabalpur, Dated : 26-08-2021
Heard through Video Conferencing.
Shri Satyam Agrawal, learned counsel for the appellant.
Shri Ramji Pandey, learned Panel Lawyer for the respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, hence, admitted for final hearing.
Also heard learned counsel for the parties on IA No. 5981/2020, which
is an application filed under Section 389(1) of the Cr.P.C. for suspension of
jail sentence moved on behalf of appellant-Manoj Malviya.
Appellant-Manoj Malviya has been convicted for offence punishable
under Sections 392 and 394 of the IPC and sentenced to undergo RI for 5
years and 7 years with fine of Rs. 5,000/- and Rs.7,000/- respectively with
usual default stipulation, vide judgment dated 03/03/2020 passed by First
Additional Sessions Judge, Sehore in Sessions Trial No. 95/2019.
Learned counsel for the appellant submits that the appellant has been
convicted in the present case only on the basis of test identification parade
and seizure of robbed articles alongwith cash amount. Learned counsel for
the appellant referring to the statement of complainant (PW 1) submits that
the complainant himself admitted in paragraph 10 of his cross-examination
that after the incident, he saw the appellant in police station, thereafter, he
identified the appellant in test identification parade, therefore, the said test
identification parade has no value. It is also submitted that the robbed articles
were seized from an open place, therefore, it cannot be said that the said
recovery has been made from exclusive possession of the appellant. It is
further submitted that during trial, the appellant was on bail and he did not
misuse the liberty so granted to him. The appellant is in custody since
Signature Not 03/03/2020 and there is no possibility of hearing of the appeal in near future.
SAN
Verified
Digitally signed by
SANTOSH KUMAR
TIWARI
Date: 2021.08.26
18:35:03 IST
2 CRA-3044-2020
Hence, he prayed for suspension of custodial sentence of the appellant.
Learned Panel Lawyer for the respondent/State opposed the
application and submitted that judgment of conviction and order of sentence
based on proper appreciation of oral as well as documentary evidence. He
also submitted that the robbed articles have been seized on the instance of
appellant and complainant identified appellant in test identification parade
conducted by the trial Court during trial. He further submitted that the
appellant has committed grave offence, therefore, application for suspension
of custodial sentence moved by him deserves to be rejected.
Having regard to the rival contentions of both the parties and after
perusal of the record and considering the material pointed out by the learned
counsel for the appellant specially the statement of complainant (PW 1)
recorded by the trial Court during trial and other facts and circumstances of
the case, however, without commenting on the merits of the case, in view of
this Court, case for suspension of sentence is made out.
Accordingly, I.A. No.5981/2020 is allowed. It is directed that on
deposit of fine amount, if not already deposited and on furnishing personal
bond to the tune of Rs.1,00,000/- (Rupees One Lac Only) with one surety
bond in the like amount to the satisfaction of the Trial Court for his
appearance before the Registry of this Court on 26/11/2021 and on
subsequent dates as may be fixed by the Registry of this Court, the appellant-
Manoj Malviya be released on bail and the substantive sentence under appeal
shall remain suspended.
List the matter for final hearing in due course.
Certified copy as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
skt
Signature
SAN Not
Verified
Digitally signed by
SANTOSH KUMAR
TIWARI
Date: 2021.08.26
18:35:03 IST
