Jagdish vs The State Of Madhya Pradesh
2022 Latest Caselaw 6108 MP

                                                 1                                 CRA No.7157 & 7147 of 2021



          High Court of Madhya Pradesh, Jabalpur
                      Bench at Indore
            Criminal Appeal No.7157/2021
            Criminal Appeal No.7147/2021
Indore, Dated 25.04.2022
       Shri Dharmendra Keharwar, learned counsel for appellant
Kapil s/o Jodhsingh Gurjar in Criminal Appeal No.7157/2021.
       Shri Amit Rawal, learned counsel for appellant Jagdish S/o
Shri Mathuraprasad Yadav in Criminal Appeal No.7147/2021.
       Shri Amit Singh Sisodia, learned Government Advocate for
the respondent / State of Madhya Pradesh.

Heard on IA No.1155/2022, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant Kapil S/o Jodhsingh Gurjar; and also IA No.1408/2022, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant Jagdish S/o Shri Mathuraprasad Yadav.

The present appellants have been convicted and sentenced by learned 1st Additional Sessions Judge, Narsinghgarh, District Rajgarh (MP) in Sessions Trial No.53/2021 vide judgment dated 13th November, 2021, as under: -

      Accused            Conviction                            Sentence
          -         Section     Act     RI       Fine amount     Imprisonment in lieu of fine
    Kapil Gurjar     458        IPC   10 years   Rs.10,000/-              1 year RI
                     394        IPC   10 years   Rs.10,000/-              1 year RI
    Jagdish Yadav    458        IPC   10 years   Rs.10,000/-              1 year RI
                     394        IPC   10 years   Rs.10,000/-              1 year RI

The allegation against the appellant (s) is that of committing

dacoity.

Shri Dharmendra Keharwar, counsel for the appellant in Criminal Appeal No.7157/2021 has submitted that the appellant Kapil and complainant Balchand Sharma S/o Madanlal Sharma have already settled their differences and an application under Section 320 (5) read with Section 482 of the Code of Criminal Procedure, 1973 (IA No.4232/2022) for permission to compromise and an application under Section 320 read with Section 482 of the Code of Criminal Procedure, 1973 (IA No.4233/2022) to compromise the matter have already been filed on record.

It is further submitted that only a sum of Rs.3,500/- (rupees three thousand five hundred) has been recorded from appellant Kapil and that sum is also not identifiable property of theft.

Shri Amit Rawal, counsel for appellant Jagdish Criminal Appeal No.7147/2021 has submitted that the present appellant has not been identified by the complainant in the Court and from the possession of appellant Jagdish, an amount of Rs.500/- (rupees five hundred) and an iron rod have been recovered.

Counsel for the appellants have submitted that there is no possibility of early disposal of this appeal in near future. Under these circumstances, counsel for the appellants pray for suspension of jail sentence of the appellants and grant of bail to them.

Counsel for the respondent / State of Madhya Pradesh, on the other hand, opposed the application by submitting that no sufficient ground is made out for releasing the appellants on bail; hence the

application filed by the appellants be dismissed.

Considering the facts and circumstances of the case, perusal of the record and the arguments advanced by the counsel for the parties as also considering the fact that the compromise has already been taken place between the parties, this Court is of the considered opinion that the application (s) for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.1155/2022 and IA No.1408/2022 are allowed, subject to depositing the fine amount, if any, and it is directed that on furnishing a personal bond by each of 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 / her regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant

(s) shall remain suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his / her presence before the concerned trial Court on 11.07.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.04.25 15:33:36 +05'30'