Salman @ Rinku vs The State Of Madhya Pradesh
2021 Latest Caselaw 9093 MP

                                     1                                CRA-1660-2021
        The High Court Of Madhya Pradesh
                 CRA No. 1660 of 2021
                    (SALMAN @ RINKU Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 21-12-2021
       Shri Sanjay Gupta, counsel for the appellant.

       Shri Vijay Kumar Pandey, PL for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, therefore, admitted for hearing. Heard on I.A. No.22400/2021, which is second application for

suspension of sentence and grant of bail to the appellant. Earlier application was dismissed as withdrawn vide order dated 16.9.2021.

The appellant has been convicted by the trial Court under Section 392 of the IPC and sentenced to R.I. for 5 years with fine of Rs.500/- with default stipulation.

Learned counsel for the appellant has submitted that the trial Court has not appreciated the oral and documentary evidence available on record in its proper perspective. There is no direct evidence against the appellant. The material witnesses have turned hostile. No seizure has been made from the

possession of the appellant, therefore, the trial court has wrongly convicted the appellant under Section 392 of the IPC. The appellant is a disabled person, he is in custody and disposal of this appeal will take considerable time, therefore, jail sentence of the appellant be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the bail application. I have heard learned counsel for the parties at length. As per the finding recorded by the trial Court in the impugned judgment, the appellant was duly identified and the theft property was seized from his possession. Apart from that, previously also some criminal cases of similar nature have been registered against the appellant. Considering the findings recorded by the trial Court and the criminal antecedents of the appellant, I do not find it to be a fit case to suspend the jail sentence of the appellant and to release him on bail.

2 CRA-1660-2021 Accordingly, the application is hereby dismissed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

PB

Digitally signed by PRADYUMNA BARVE Date: 2021.12.21 18:17:13 +05'30'