Abhi @ Abhitendra Tomar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6112 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                               AT GWALIOR

                           CRA No. 233 of 2022
         (ABHI @ ABHITENDRA TOMAR Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated:25.04.2022
      Shri Rajkumar Joshi, learned counsel for the appellant.

      Shri       R.K.Awasthi, learned Public Prosecutor, for the

respondent/State.

Heard on I.A.No.5878/22, first application under Section 389

of Cr.P.C. filed by appellant - Abhi @ Abhitendra Tomar for

suspension of sentence and grant of bail.

Vide judgment dated 13.12.2021 passed by Special

Judge(Dacaiti) Division No.1, Bhind in Special Case

No.1400086/2012 by which the appellant has been convicted and

sentenced as under:

Section Sentence Fine In default stipulation 394,398 of 7 year R.I. Rs.5000/- 6 months RI IPC and 11/13 of MPDVPK Act

During trial, appellant was in custody for 109 days. After trial

from the date of judgment i.e. 13.12.2021, he is in custody.

In brief, prosecution case is that on 02.08.2012 at 1.30 A.M.

complainant Veer Singh Kushwah lodged a F.I.R. against present

appellant/accused that in the night at 12.30 A.M. along with his friend

Sunil, Santkumar and Ravi on the eve of festival of Rakhi while going

from Delhi to Bhind in the night 12.30 by bus when they crossed pulia,

appellant/accused Abhi Tomar along with three persons met them.

They were on personal motorcycle. They stopped them and committed

marpeet and took out Rs.31,000/- rupees and one mobile from his

pocket. From Sunil Rs.5,000/-, from Santkumar Rs.1200/- and from

Ravi Rs.6,000/- and one DVD, Votercard, Pancard and Aadhar card

and ran away by motorcycle. On his report, offence under Sections

11/13 of MPDVPK Act and under Section 394 of IPC bearing Crime

No.264/12 was registered. During investigation, appellant/accused

Abhi @ Abhitendra Tomar was apprehended. From his possession,

Rs.2000/- were seized.

From the side of appellant/accused, it is submitted that appellant

has been falsely implicated. Fine amount has been deposited.

Conclusion of the trial will take time. Therefore, prays for suspension

of sentence.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case, I.A.No.5878/22,

is allowed. Subject to verification of fine amount amount deposited

by the appellant and on furnishing a personal bond in the sum of

Rs.50,000/- (Rupees Fifty thousand only) with one

solvent surety in the like amount to the satisfaction of the concerned

trial Court, the remaining jail sentence of the appellant shall remain

suspended and he shall be released on bail.

The appellant shall firstly appear before the Registry of this

Court on 12.07.2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                              (Deepak Kumar Agarwal)
mani                                                Judge

SUBASRI MANI
2022.04.25
18:11:18
-07'00'