Pushpendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 6725 MP

                                                                        1                              CRA-1414-2020
                                              The High Court Of Madhya Pradesh
                                                         CRA-1414-2020
                                                   (PUSHPENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                       11
                                       Jabalpur, Dated : 23-10-2021
                                             Heard through Video Conferencing.
                                             Shri Jitendra Kumar Dixit, learned counsel for the appellants.
                                             Shri Sudhakar Mani Patel, learned PL for the respondent/State.

Heard o n I.A. No.5925/2020, repeat application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant nos.2 and 3 namely Puran and Manoj.

The earlier applications (I.A.No.2672/2020 and 10427/2020) filed by the appellant nos.2 & 3 for suspension of sentence and grant of bail was dismissed on merit vide order dated 6/3/2020 and also dismissed as withdrawn with liberty to file fresh application after completion of two years of jail imprisonment vide order dated 9/10/2020.

T h i s appeal has been preferred against the judgment dated 31/1/2020 passed by Vth Additional Sessions Judge, Chhatarpur (M.P.) in Session Trial No. 354/2013, whereby learned Session Judge found the appellants guilty for the offence punishable under Section 394 of the IPC and sentenced them to undergo R.I. for five years with fine of Rs.2,000/- respectively, with default clause.

Learned counsel for the appellants submitted that the trial Court without appreciating the evidence properly, wrongly convicted the appellants for the aforesaid offences. He further submitted that it is alleged that on 17/4/2013 appellants and other co-accused persons assaulted complainant Awadhesh Raikwar (PW7) and looted one motorcycle bearing registration no.MP16-BA-8097 and one mobile Nokia company and Rs.150 cash from his possession. But, complainant Awadhesh Raikwar (PW7) himself admitted in his cross examination that the appellants did not commit loot with him. Though, it is alleged that police seized looted property (motorcycle) from the possession of appellant no.2 Puran and mobile from the possession of appellant no.3 Manoj. But in this regard, statement of Investigating Officer Naseer Farukhi (PW14) does not corroborate from the statement of independence witness of seizure memo i.e. Veersingh (PW5), Bhagwandeen (PW6), Lilu Raikwar (PW7), Balwaan Singh (PW8) and Kapoor Sheikh Signature Not Verified SAN (PW12). There are several omissions and contradictions in the cross-

Digitally signed by MONIKA CHOURASIA Date: 2021.10.23 17:20:36 IST 2 CRA-1414-2020 examination of Investigating Officer Naseer Farukhi (PW14) regarding seizure of the looted property from the possession of the appellant nos.2 and 3. The appellant nos.2 and 3 are in jail since 31/1/2020. Hence, prayed for suspension of the jail sentence and release of the appellant nos.2 & 3 on bail since the hearing of this appeal will take time.

Learned counsel for the respondent/State opposed the prayer and submitted that the learned trial Court after appreciating the evidence properly found the appellants guilty for the aforesaid offences. So the appellant nos.2 & 3 should not be released on bail.

Looking to the facts and circumstances of the case, the contention of learned counsel for the appellants, and the fact that the appellant nos.2 & 3 are in custody since 31/1/2020 and according to listing policy the hearing of this appeal is likely to take a long time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant nos.2 and 3 namely Puran and Manoj shall remain suspended during the pendency of this appeal and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with separate solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 21/12/2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Appeal has already been admitted vide order dated for final hearing, so it be listed for final hearing in due course.

C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2021.10.23 17:20:36 IST