Kailash vs The State Of Madhya Pradesh
2022 Latest Caselaw 1639 MP

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                                                             CRA-7650-2021



           THE HIGH COURT OF MADHYA PRADESH
                   Criminal Appeal No.7650/2021
              (Kailash versus The State of Madhya Pradesh)

Jabalpur, Dated 04-02-2022.
       Heard through Video Conferencing.
       Shri Pradeep Naveriya, counsel for the appellant.
       Shri Shailendra Mishra, Panel Lawyer for respondent/State.

Heard on admission.

Record perused.

The appeal appears to be arguable, hence, admitted for final hearing.

Heard on I.A. No.22303/2021, which is the first application under Section 389(1) of Cr.P.C. for suspension of sentence of the sole appellant/applicant Kailash who has been convicted under Section 394 of IPC and sentenced to undergo 4 years' R.I. and fine of Rs.1,000/- with default stipulation.

The allegation is that on 14.04.2015, three unknown persons unauthorizedly entered into the premises of MPPGCL Sarni Plant and when, on duty, SI SAF 35 th Battalion Jasraj Ahirwar along with Security Guard Laxman Rao and Driver Yogesh Vishwakarma tried to arrest them, they all beat them, snatched official riffle of Jasraj and ran away. The police prosecuted the applicant on the basis of his identification in the test identification parade conducted during investigation and recovery of a stick from his possession. All the three victims/witnesses namely Jasraj (PW5), Laxman (PW3) and Yogesh (PW7) have clearly admitted in their depositions that before going for T.I.P., the applicant was shown to them in the police station and the trial Court has recorded this fact in paragraph 20, 21 and 23 of the impugned

CRA-7650-2021

judgment. They have admitted that they could identify the applicant as they had seen him before going for T.I.P. There is no allegation in the FIR (Ex.P/10) that any stick was snatched or robbed at the time of the incident.

It is submitted that the appellant was on bail during trial and he has never misused the liberty granted to him. The appeal would take time to be heard finally.

On a careful scrutiny of the evidence available on record, this Court is of the view that a case of suspension of sentence of the appellant is made out. Therefore, without discussing the merits of the case in detail or making any comment on the merits, I.A. No.22303/2021 is allowed.

It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond to the tune of Rs.30,000/- (Rupees Thirty Thousand) with separate surety bond in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 18.04.2022 and on subsequent dates as may be fixed by the trial Court, the appellant/applicant Kailash be released on bail and the substantive sentence under appeal shall remain suspended till the final decision of the appeal.

In the event of non-appearance of the applicant, the trial Court shall be at liberty to take coercive action against him to secure his presence under the intimation of this Court.

Let the appeal be listed for final hearing in due course.

(Virender Singh) JUDGE vinod Digitally signed by VINOD VISHWAKARMA Date: 2022.02.05 11:42:42 +05'30'