Sarman Shivhare @ Pintu vs The State Of Madhya Pradesh
2022 Latest Caselaw 16860 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             CRA No. 4704 of 2017
              (SARMAN SHIVHARE @ PINTU Vs THE STATE OF MADHYA PRADESH)

Dated : 19-12-2022
      None for the appellant.

      Shri Yogesh Dhande - Government Advocate for State.
      Shri Jitendra Kumar Chourasiya - Advocate for complainant.

      None for the appellant even in the pass over round.
      Accordingly, I.A. No. 22501/2019 an application for suspension of

sentence is dismissed for want of prosecution.
      Heard on I.A. No. 7380/2022 filed by the complainant under Section 452
of Cr.P.C. for return of the property.
      It is submitted in the application that on the date of incident complainant
was owner of jewelry shop which was looted by the accused person who was
convicted by the trial court vide judgment dated 23.09.2017. He further submits
that in para 58 of the judgment there was a direction to return the article to him,
therefore, he prays to return the articles to him.
      Shri Yogesh Dhande, learned Government Advocate has no objection

and submits that there is no necessity to keep the articles till disposal of this
appeal.
      Considering the overall facts and circumstances of the case, the prayer
of the complainant appears to be genuine, I.A. is allowed.
      Learned trial Court is directed to return the articles to the complainant
upon his furnishing adequate surety.
      List for final hearing in due course.
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    (SUJOY PAUL)                  (PRAKASH CHANDRA GUPTA)
       JUDGE                               JUDGE
  MISHRA
ARVIND KUMAR MISHRA
2022.12.20

16:57:27 +05'30'