Radhiya @ Radheshyam vs The State Of Madhya Pradesh
2021 Latest Caselaw 5856 MP

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                                     HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                                                        Cr.A. No.1208/2021
                                       Radhiya @ Radheshyam S/o Prema Kanjar Vs. State of M.P.

                                Indore, Dated:- 22/09/2021

                                        Shri Vishal Panwar, learned counsel for the appellant Radhiya

                                @ Radheshyam S/o Prema Kanjar.

                                        Shri    Chetan      Jain,   learned       Govt.    Advocate    for   the

                                respondent/State.

1. Heard on I.A.No.20396/2021 which is an application for

suspension of sentence filed on behalf of the appellant namely

Radhiya @ Radheshyam S/o Prema Kanjar filed under Section 389

(1) of the Cr.P.C.

2. The appellant has been convicted and sentenced as under:-

                                             Conviction                               Sentence
                                      Section             Act       Imprisonment          Fine   Imprisonment in
                                                                                                   lieu of fine
                                       394                IPC        Five years       1,000/-     6 Months' RI

3. Counsel for the appellant submits that according to the

prosecution story, on 24.02.2012 he attempted to commit theft of

motorcycle from the well of the complainant Munna along with co-

accused persons. He submits that nothing has been recovered in the

case from the appellant. He has been in custody since the date of

judgment and during trial also he was in custody for a period of about

6 months. Hence, his period of custody is about 15 months. Arising

out of the same incident co-accused persons have also been convicted Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.09.23 12:56:52 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr.A. No.1208/2021 Radhiya @ Radheshyam S/o Prema Kanjar Vs. State of M.P.

and have been granted bail by this Court by order passed in Cr.A.

No.867/2014. He further submits that during course of trial appellant

was on bail and he has not misused the liberty granted to him and the

appeal is not likely to be heard at an early date, hence, considering all

these aspects, substantive jail sentence of the appellant may be

ordered to be suspended.

4. On the other hand, learned counsel for the respondent/State

opposes the prayer for suspension of sentence and submits that not

only the appellant attempted theft of the motorcycle but also pelted

stones and caused injuries to the complainant.

5. In response learned counsel for the appellant submits that

appellant has been convicted more on the basis of presumption then

direct evidence.

6. After hearing learned counsel for the parties, without

expressing any opinion on merits of the case, I.A.No.20396/2021 is

allowed and it is directed that upon depositing fine amount and on

furnishing a personal bond by the appellant in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with a solvent surety in the like

amount to the satisfaction of the learned trial Court, for his regular

appearance before concerned trial Court, the execution of the

custodial part of the sentence imposed against the appellant shall Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.09.23 12:56:52 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr.A. No.1208/2021 Radhiya @ Radheshyam S/o Prema Kanjar Vs. State of M.P.

remain suspended, till the final disposal of this appeal.

7. The appellant after being enlarged on bail, shall mark his

presence before the concerned trial Court on 08.12.2021 and on all

such subsequent dates, as may be fixed by the concerned Court in this

regard.

Certified copy as per rules.

(PRANAY VERMA) JUDGE ns

Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.09.23 12:56:52 IST