Tehsildar Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1647 MP

                                  1                          CRA2826/21

             HIGH COURT OF MADHYA PRADESH
                        CRA No. 2826 of 2021
          (TEHSILDAR SINGH GURJAR Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 04-02-2022

      Shri Rajmani Bansal, learned counsel for the appellant.

      Shri Shiraz Qureshi, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.1230/2022, second application for suspension

of sentence filed on behalf of the appellant under Section 389(1) of

Cr.P.C. The first application was dismissed as withdrawn vide order

dated 8.10.2021.

Vide judgment dated 26.03.2021 passed by learned Special

Judge (Dacoiti) (M.P.) in SC DOCT. 05/2016, the appellant has been

convicted and sentenced as under:

Section Sentence Fine In default stipulation 394/34 of 10 years RI Rs.2000/- one month IPC 11/13 3 years RI Rs.2000/- one month MPDVPK Act

In brief the case of the prosecution is that on 9.11.2015 at 07.45

PM complainant Janak Singh was going to village Lehchura on his

Hero Honda Motorcycle No. HF Deluxe No. MP07-MS-5361. When

he reached at Milkos Factory, four persons stopped him, out of which

three have covered their faces. They assaulted him with fists and kicks

and had taken his mobile and Rs.1000/-. They have also looted his 2 CRA2826/21

motorcycle. On his report, a crime under the aforesaid offences

bearing Crime No.184/2015 was registered. During investigation,

appellant Tehsildar Singh Gurjar was apprehended. On 5.12.2015 at

his behest two notes of 100-100 rupees was seized. During

identification parade, the complainant identified the appellant. But

during trial, the complainant Janak Singh (PW-9) in his cross-

examination has stated as under:-

Þ;g lgh gS fd eSa mijksDr rhuksa cnek'kksa dh igpku dk;Zokgh ds fy, eSa dgha ugha x;k] uk gh eq>ls igpku dk;Zokgh djk;h FkhA ?

kVuk fn0 dks va/ksjh jkr FkhA U;k;ky; esa vkt c;ku nsus rhljh ckj vk jgk gwWA ;g lgh gS fd U;k;ky; ds dV?kjs esa pkj O;fDr [kM+s gSaA ;g dguk xyr gS fd dV?kjs esa mDr pkj O;fDr gh [kMs gSa] blfy, eSaus vc igpkuus dh ckr xyr :i ls crk jgk gwWa Lor% dgk fd Fkkus ij Hkh iqfyl fjek.M ij x;s Fks] pkjksa yksxksa dks Fkkus ij igpku fy;k FkkA ;g lgh gS fd isf'k;ksa ij vjksihx.k vk;s Fks] rc Hkh eSaus vkjksihx.k dks igpku fy;k FkkA ;g lgh gS fd vkt pkjksa vkjksihx.k U;k;ky; ds dV?kjs esa [kMs gq, gSaAß

It is submitted by learned counsel for the appellant that the

appellant is in custody from 4.12.2015 to 2.5.2016. The fine amount

has already been deposited. The appeal is of the year 2021. Learned

counsel for the appellant further submits that hearing of this appeal

shall take considerably long time. Under these circumstances, he

prayed to suspend the jail sentence of the appellant and grant bail.

Heard learned counsel for the parties through Video

Conferencing and perused the record.

Considering the facts and circumstances of the case and looking

to the custody period, appeal is of the year 2021 and the final outcome

of appeal will take time, but without commenting anything on the

merits of the case, I.A.No.1230/2022 is allowed and it is directed that 3 CRA2826/21

jail sentence of appellant will remain under suspension subject to

verification that the amount of fine has been deposited, on appellant

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 25th April, 2022 and thereafter on such

further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

                                        (Deepak Kumar Agarwal)
vv                                            Judge



     VALSALA
     VASUDEVAN
     2022.02.04
     16:54:02 +05'30'