Robby @ Bhoot vs The State Of Madhya Pradesh
2022 Latest Caselaw 1692 MP

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          The High Court Of Madhya Pradesh
                     CRA-938-2022
              (ROBBY @ BHOOT Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-07/02/2022
      Heard through Video Conferencing.

      Shri H.K. Shukla, learned counsel for the appellant.

      Smt. Abha Mishra, learned Public Prosecutor for the

respondent/State.

The appeal being arguable is admitted for final hearing.

Heard on I.A.No.1508/2022, which is first application under

Section 389 of Cr.P.C. for suspension of jail sentence on behalf of

appellant- Robby @ Bhoot.

Appellant Robby @ Bhoot has been convicted under Section

392 of IPC read with Section 11/13 of MPDVPK Act and has been

sentenced to undergo rigorous imprisonment of four years with fine of

Rs.1,000/- with default stipulation.

It is submitted by learned counsel for the appellant that the trial

Court has wrongly convicted the appellant without properly

appreciating the evidence on record. The impugned judgment passed

by the trial Court is arbitrary and unlawful and deserves to be set

aside. In para 13 of the impugned judgment, Monu Goswami (PW-2)

has identified the present appellant whereas in para 18 of the

impugned judgment, Pratigya Dhenkula (PW-4) did not identify the

present appellant, which is based on documentary evidence. It is

further submitted that co-accused Sunny has already suspended the

jail sentence by this Court vide order dated 25/01/2022 passed in

The High Court Of Madhya Pradesh CRA-938-2022 (ROBBY @ BHOOT Vs THE STATE OF MADHYA PRADESH)

Cr.A.No.434/2022. Hence, prayed to suspend the jail sentence of the

appellant.

Per contra, learned State counsel has opposed the application.

Looking to the arguments advanced by learned counsel for the

appellant and co-accused of this case has already suspended the jail

sentence by this Court, without commenting on merits of the case,

subject to verification of deposition of fine amount, I.A. No.

1508/2022 is allowed and it is directed that on furnishing a personal

bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one

surety in the like amount to the satisfaction of the trial Court, jail

sentence of appellant shall remain suspended till disposal of this

appeal and he be released on bail.

The appellant is further directed to mark his appearance before

the Registry of this Court on 04/4/2022 and on subsequent dates as

may be given by the Registry for the same purpose in future.

Certified copy as per rules.

(Rajeev Kumar Shrivastava) Judge Monika

MONIKA SHARMA 2022.02.08 11:21:43 +05'30'