Pawan @ Pammu Mahawat vs The State Of Madhya Pradesh
2022 Latest Caselaw 6021 MP

                                                                        1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                   CRA No. 846 of 2022
                                                  (PAWAN @ PAMMU MAHAWAT Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 23-04-2022
                                         Shri Om Prakas Tripathi, learned counsel for the appellant.

                                         Shri Pramod Choubey, learned Dy. Government Advocate for the
                                   respondent/State.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final

hearing.

Heard on I.A.No. 1298/2022, application under Section 389(1) of the Cr.P.C. for suspension of execution of jail sentence and grant of bail to the appellant pending the appeal.

Appellant Pawan @ Pammu Mahawat along with Shekhar Dumar has been convicted for commission of offence punishable under Sections 394 and 427 of IPC and has been sentenced to 5 years R.I. and 1 year R.I. with fine of Rs.1000/- and Rs.200/- respectively with default stipulations by 8th ASJ, Katni vide judgment dated 30.12.2021 passed in S.T. No.2700073/2015 (State of M.P. Vs. Shekhar

Dumar and another).

Learned counsel for the appellant submitted that injured/ complainant has not identified Pawan @ Pammu in his evidence before the Court. Sunil Singh (P.W.1) who was Driver of the truck concerned, has also not identified Pawan @ Pammu. There is no evidence against appellant/ accused, even then he has been convicted by learned Trial Court. Learned counsel further submitted that no identification parade had been conducted by the police agency and even in dock identification appellant has not been identified as the author of the crime. Appellant has been convicted and sentenced without any evidence. He has fair chances to succeed in appeal. Even during trial appellant was on bail. Therefore, it has been prayed that appellant Pawan @ Pammu be released on bail by suspending his jail Signature Not Verified SAN sentence. He shall abide by all conditions whatsoever imposed by the Court.

On the other hand, learned Dy. Government Advocate has opposed the Digitally signed by DEEPA MISHRA Date: 2022.04.23 16:09:16 IST

suspension of execution of jail sentence and grant of bail.

I have gone through the evidence of Sunil Singh (P.W.1) and Sonu Gour (P.W.7). Other independent witnesses have turned hostile. Only Rs.400/- have been seized from accused Pawan @ Pammu. Therefore, without expressing any

opinion on the merits of the case, having taken into consideration the evidence and material available on record, I deem it proper to suspend the remaining jail sentence of the appellants.

Accordingly, IA No.1298/2022 is allowed.The execution of jail sentence o f appellant Pawan @ Pammu is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 15.09.2022 and also on such other dates, as may be fixed by it in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2022.04.23 16:09:16 IST