Ram Singh vs State Of M.P.
2021 Latest Caselaw 9158 MP

                                    1                                   CRA-7-2010
        The High Court Of Madhya Pradesh
                  CRA No. 7 of 2010
                            (RAM SINGH Vs STATE OF M.P.)


Gwalior, Dated : 22-12-2021


      None for the appellant.
      Mr. Naval Kishore Gupta, learned Public Prosecutor for the
respondent/State.

Mr. Ashirwad Dwivedi, learned counsel for the complainant.

Heard on I.A.No.31035/2021, an application filed by the complainant seeking return of cash amount/seized property (gold and silver ornaments).

The appellant has preferred this criminal appeal against the judgment dated 16.12.2009 passed in S.T.No.256/2005, whereby the appellant has been convicted for the offences punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.4,000/-, under Section 201 and sentenced to undergo 3 years of RI with fine of Rs.1,000/- and under Section 404 of IPC and sentenced to undergo 2 year RI with fine of Rs.1,000/- with default stipulation.

As per paragraph No.109 of judgment dated 16.12.2009, learned trial Court ordered that the seized property (gold chain, ring, locket watch) be given to wife of the deceased Malti Dubey, in case appeal is filed as directed by the appellate Court.

State counsel supports the judgment passed by learned trial Court in paragraph No.109.

Accordingly, I.A.No.31035/2021 is allowed and learned trial Court is directed to return/release the seized ornaments as mentioned in paragraph No.109 of the judgment, in favour of the wife of the deceased upon furnishing a supurdginama in the sum of Rs.2 Lacs (Rs. Two Lacs only) with one surety in the like amount to the satisfaction of the trial Court till final disposal of the appeal, on the following terms and conditions :-

1. The complainant will not sell and dispose of the 2 CRA-7-2010 aforesaid property.

2. Whenever property is required by the Court, she will produce the same on her own cost. I.A.No.31035/2021 is disposed of accordingly. Certified copy as per rules.

       (ROHIT ARYA)                              (DEEPAK KUMAR AGARWAL)
          JUDGE                                            JUDGE

bj/-

BARKHA
SHARMA
2021.12.2
2 17:54:13
+05'30'