Sant Kumar Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 4752 MP

                                            1                             CRA-1311-2021
             The High Court Of Madhya Pradesh
                        CRA-1311-2021
                    (SANT KUMAR TIWARI Vs THE STATE OF MADHYA PRADESH)

6
Jabalpur, Dated : 26-08-2021
      Heard through Video Conferencing.
      Mr. S.P. Mishra, learned counsel for the appellant.
      Mr. Sandeep Dubey, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing.

Heard on I.A.No.3227/2021, which is first application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment dated 13.02.2020 passed by learned Sessions Judge, Sidhi in ST No.76/2020 for offences punishable under Sections 394 and 397 of the Indian Penal Code and sentenced to undergo R.I. for ten years and fine of Rs.10,000/- and default stipulation.

Learned counsel for the appellant submits that the appellant is in custody since 29.06.2020. It is contended that the trial Court has not considered the evidence on record properly. It is urged that the incident took place on 31.05.2020 whereas the complaint was lodged on 23.06.2020 without proper reason. As per allegation, the

appellant looted golden mangal sutra of the complainant. The appellant had borrowed a sum of Rs.10,000/- from the husband of the complainant three years prior to the incident which was not refunded. It is contended that statement of material witness, namely, husband of the complainant was not recorded and he has also not been examined before the trial Court.

Learned Panel Lawyer for the State has vehemently opposed the bail application. Considering the facts and circumstances of the case as well as delay in FIR, without commenting upon the merits of the case, I.A. No.3227/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Forty Thousand Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Sant Kumar Tiwari shall remain suspended during the pendency of this case and he be 2 CRA-1311-2021 released on bail. The appellant shall appear before the concerned trial Court on 06.12.2021 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.3227/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2021.08.26 18:24:41 IST