Ranjeet Joshi @ Chitta vs The State Of Madhya Pradesh
2021 Latest Caselaw 7917 MP

                                                                      1                               CRA-7042-2018
                                           The High Court Of Madhya Pradesh
                                                    CRA No. 7042 of 2018
                                           (RANJEET JOSHI @ CHITTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                    23
                                    Jabalpur, Dated : 29-11-2021

                                          Shri S.B. Shrivastava, Advocate for the appellant.
                                          Shri Teekaram Kurmi, Panel Lawyer for the respondent-State.

Record of the court below is available on record. Appeal is admitted for hearing.

Heard on I.A.No.10493/2021, which is second application, filed by the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of learned Addl. Sessions Judge, Raisen, District Raisen (MP), in S.T.No.309/2017 vide its judgment dated 03/07/2018 convicting the appellant/accused for the offences punishable under Sections 394 of IPC, sentenced to undergo RI for 10 years with fine of Rs.5,000/-, with default stipulations.

As per prosecution case, on 21/05/2017, the appellant-accused and co-accused committed loot of Rs. 9,500/- from the complainants Rajkumar and Ajay and they also inflicted injury to the complainants.

Learned counsel for the accused/appellant submits that learned trial Court committed grave error in convicting and sentencing the accused/appellant. The victim Rajkumar Upadhyaya (PW-1), Ajay Patel (PW-2) and Dharmendra (PW-3) did not identify the appellant- accused. No looted property was seized from his possession. Although Sanjay Yadav (PW-4) identified the appellant during the investigation and during the trial but the statement of Sanjay Yadav (PW-4) is not wholly reliable. Sanjay Yadav (PW-4) identified the co- Signature Not Verified

accused Govind during the investigation but before the trial Court, he SAN

Digitally signed by KUNDAN SHARMA Date: 2021.11.30 18:10:35 IST 2 CRA-7042-2018

refused to identify the co-accused Govind Yadav due to which, the execution of sentence of Govind Yadav was suspended and he was granted bail by this Court on 10/07/2019. No other material is available on the record on which it can be said that the appellant- accused has committed loot with the complainant and inflicted injury

to him. Independent witnesses did not support the case of the prosecution. The appellant-accused is in custody since 19/08/2017, thus, he has served almost 5 years jail sentence out of 10 years. There a r e material contradictions and omissions in the statement of the witnesses. There is every possibility to get success in this appeal. This appeal is of year 2018. It will take time for final disposal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the execution of jail sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail to the present accused/ appellant.

Learned Panel Lawyer has opposed the application. Having considered the arguments advanced by learned counsel for the parties and the fact that the victims did not identify the appellant-accused. Although Sanjay Yadav (PW-4) identified the appellant-accused during the investigation and trial but he refused to identify the co-accused Govind before the trial Court, during the investigation, the appellant has served almost 5 years jail sentence out of 10 years, this appeal is of the year 2018, this appeal will take time for final hearing, therefore, without commenting anything on the merit of the case, I.A. No10493/2021 is allowed.

Signature Not Verified SAN It is ordered that subject to payment of fine amount, if not

Digitally signed by KUNDAN SHARMA Date: 2021.11.30 18:10:35 IST 3 CRA-7042-2018 already deposited, the execution of jail sentence of the appellant-Ranjeet Joshi shall remain suspended during the pendency

of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial court on 10.1.2022 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

In case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute

warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

List this matter for final hearing in due course, as per listing policy.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

kundan

Signature Not Verified SAN

Digitally signed by KUNDAN SHARMA Date: 2021.11.30 18:10:35 IST