Madhya Pradesh High Court
Raviraj Alias Monu Pandey vs The State Of Madhya Pradesh on 31 August, 2021
Author: Vijay Kumar Shukla
1
CRA No. 1585/2020
HIGH COURT OF MADHYA PRADESH
CRA No. 1585/2020
(RAVIRAJ @ MONU PANDEY Vs STATE OF M.P.)
Jabalpur, Dated :31.08.2021
Shri K.S. Rajpoot, learned counsel for the appellant.
Shri Shahrukh Riyaz, learned Panel Lawyer for the
respondent/State.
Heard on I.A. No. 6698/2021 which is repeat (second)
application under Section 389(1) of the Code of Criminal Procedure,
1973 for suspension of sentence on behalf of the appellant Raviraj @
Monu Pandey.
The appellant stands convicted and sentenced by the trial Court
as under:
Conviction Sentence
Under Section Imprisonment Fine amount Imprisonment
(If deposited in lieu of Fine
details) amount
392/34 of IPC R.I. for 7 years Rs.5,000/- R.I. for 3
(fine deposited) months.
Learned counsel for the appellant submits that the similarly
placed co-convict Rakesh Mishra have already been granted
suspension of sentence in Criminal Appeal No. 1779/2020 by order
dated 18.06.2020. It is submitted that the case of the present appellant
is similar to the case of Rakesh Mishra.
As per the prosecution story, on 08.01.2019 at 06:00 p.m. when
the complainant Rakesh Shah (PW-3) went to the market then two
persons had come on their motorcycle and snatched his mobile phone
and robbery was committed.
Learned counsel for the appellant referred to the statement of
Rakesh Shah (PW-3) and submits that his mobile which was alleged to
have been recovered from the possession of the appellant, has not been
identified. He further referred to the statement of Manoj Kumar (PW-4)
and para-11 of the impugned judgment and submits that the appellant is
in jail since 16.01.2019.
CRA No. 1585/2020
HIGH COURT OF MADHYA PRADESH
Learned Panel Lawyer for the respondent/State opposed the
prayer for grant of suspension of sentence and submits that there is a
criminal record against the appellant. He further submits that three
cases under Section 379 of IPC, one case under Section 401/34 of IPC
and one case under Section 392 of IPC have been registered against the
appellant.
However, taking into consideration the fact that the similarly
placed co-convict Rakesh Mishra have already been granted
suspension of sentence in CRA No. 1779/2020 and the case of the
present appellant is similar to the case of Rakesh Mishra and further
taking into consideration the testimony of Manoj Kumar (PW-4) and
para 11 of the impugned judgment and the fact that he is in jail since
16.01.2019, I am of the opinion that the appellant is entitled for
suspension of sentence and grant of bail.
Accordingly, the I.A. No. 6698/2021 is allowed.
It is directed that, the execution of the jail sentence of the
appellant Raviraj @ Monu Pandey shall remain suspended during
pendency of the present appeal and he be released on bail on his
furnishing a personal bond for a sum of Rs.30,000/- (Rs. Thirty
Thousand only) with one solvent surety in the like amount and a local
surety to the satisfaction of the trial Court
The appellant shall now appear before the Registry of this
Court on 29.11.2021, and on such other dates which normally will not
be less than the period of eight months as may be directed to him in
this regard till final disposal of this appeal.
The prison authorities are also requested to ensure compliance
with the order passed by the Supreme Court IN RE: CONTAGION
OF COVID 19VIRUS IN PRISONS in SUO MOTU - W.P. (C)
No.1/2020 and ensure that the applicant be examined by the jail doctor
before their release. If the applicant show symptoms of COVID-19, the
doctor shall forthwith direct him to be produced before the appropriate
hospital designated for the detection and treatment of COVID-19
patients. If the doctor is of the opinion that the applicant is not affected
CRA No. 1585/2020
HIGH COURT OF MADHYA PRADESH
with the virus, the jail authorities shall ensure his transportation from
the jail till his place of residence.
A typed copy of this order is being forwarded to the Office of the
Advocate General and to Shri Shahrukh Riyaz, learned Panel Lawyer
for the respondent on their respective e-mail addresses. The Office is
requested to forward a copy of this order to the learned Court below.
Accordingly I.A. No. 6698/2021 stands allowed and disposed of.
List for final hearing in due course.
(VIJAY KUMAR SHUKLA)
JUDGE
Amitabh
Digitally signed by AMITABH RANJAN
Date: 2021.08.31 16:43:34 +05'30'
