Ajay @ Jiddi Raja vs The State Of Madhya Pradesh
2022 Latest Caselaw 5263 MP

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               HIGH COURT OF MADHYA PRADESH
                        CRA No. 2028 of 2022
              (AJAY @ JIDDI RAJA Vs THE STATE OF MADHYA PRADESH)

Dated :    11.04.2022

      Shri Mukesh Chandra Pathak, learned counsel for the appellant.

      Shri Ramadhar Chaubey, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.3312/2022, first application under Section 389 (1)

of Cr.P.C. filed by appellant for suspension of sentence and grant of bail.

Vide judgment dated 4.12.2021 passed by learned Special Judge

(MPDVPK), District Datia, (M.P.) in S.T.No.08/2017 the appellant has

been convicted and sentenced as under:

Section Sentenc Fine In default stipulation e 392 7 years Rs.2,000/- six months RI r/w RI section

IPC & section 13 of MPDV PK

In brief prosecution case is that on 3.4.2017 complainant Manish

Tiwari lodged a report at Police Station Basia against two unknown persons

that on 2.4.2017 in the evening at 7.45, he was in his shop. Two persons

came on Hero Honda motorcycle for thrice and demanded water pouch. He

gave water pouch. During this coming and going one person took away his

cash box, second person attacked with knife and ran away. They were

chased but could not caught hold. In the cash box Rs.6000/- was kept. The

accused are about 20-22 years old. On his report offence under sections

392, 34 of IPC and sections 11,13 MPDVPK Act bearing Crime

No.25/2017 was registered. During investigation appellant was

apprehended on the next day on 4.4.2017. At his behest 640 coins were

seized and he was identified by the complainant.

It is submitted by learned counsel for he appellant that the appellant

was in custody from 5.4.2017 to 22.7.2017 during trial. Learned counsel

for the appellant further submits that hearing of this appeal shall take

considerably long time. Under these circumstances, he prayed to suspend

the jail sentence of the appellants and grant bail.

Heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case and looking to

the fact that the appeal is of the year 2022 and the final outcome of appeal

will take time, but without commenting anything on the merits of the case,

I.A.No. 3312/2022 is allowed and it is directed that jail sentence of

appellant will remain under suspension subject to verification that the

amount of fine has been deposited, on appellant furnishing bail bond of

Rs.50,000/- (Rupees Fifty thousand Only) with one solvent surety of the

like amount to the satisfaction of concerned Trial Court for his appearance

before the Principal Registrar of this Court on 27th June, 2022 and

thereafter on such further dates as may be fixed by the office of this Court

in this regard till disposal of the appeal.

C.c. as per rules.

                                                   (Deepak Kumar Agarwal)
vv                                                          Judge

        VALSALA
        VASUDEVAN
        2022.04.11
        22:43:23
        +05'30'