Avadhkishor vs The State Of Madhya Pradesh
2022 Latest Caselaw 1511 MP

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             The High Court of Madhya Pradesh
                                                           Cr.A.No.188/2022

                    (Awadhkishore Vs. State of M.P.)

Gwalior dated 2.2.2022

      Shri R.S.Yadav, learned counsel for the appellant.

      Shri   G.P.Chaurasiya,    learned    Public    Prosecutor   for   the

respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court has been received.

Also heard on IA.No.171/2022, first application u/Sec. 389(1) of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant- Awadhkishore.

This criminal appeal has been filed against the judgment dated

20.12.2021 passed in Spl. S.T.No.21/2021 by the Special Judge, Datia,

convicting appellant under Sections 399, 402 of IPC read with Section

11/13 of the MPDVPK Act and sentencing him to undergo 5 years RI

with fine of Rs.2,000/- for each of the offences with default stipulation.

It is submitted by learned counsel for the appellant that during

trial appellant was on bail, but he did not misuse the liberty so granted.

He is in custody since the date of judgment i.e. 20.12.2021 and during

trial he remained in custody from 28.2.2011 to 13.9.2011. It is further

submitted that independent witnesses Rajju (PW-1) and Pancholi (PW-

2), before whom search of the appellant was taken and one 315 bore

Katta along with one round was seized, have not supported the

prosecution case and declared hostile. Final hearing of the appeal will

The High Court of Madhya Pradesh Cr.A.No.188/2022

take time and appellant has a good case on merit. Therefore, prayer for

suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting upon merits of the case, IA.No.171/2022 is allowed and it

is directed that jail sentence of appellant- Awadhkishore will remain

under suspension subject to verification that amount of fine has been

deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees

Twenty Five 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 21st March, 2022 and on

such further dates as may be fixed by the office in this regard till

disposal of the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.02.02 16:05:45 +05'00'