Pankaj vs The State Of Madhya Pradesh
2022 Latest Caselaw 1891 MP

                                              1
                                                                                CRA No.1546/2021

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.1546/2021
Indore, Dated 10.02.2022
       Hearing through Video Conferencing.

       Mr. Anupam Chouhan, learned counsel for appellant No.1

Pankaj s/o Jaimal and appellant No.2 Vijay @Velsingh s/o Paru.

       Ms. Seema Maheshwari, learned Panel Lawyer for the

respondent / State of Madhya Pradesh.

Heard on IA No.4626/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of the appellants.

The present appellants have been convicted and sentenced by

learned Special Judge (under SC / ST Act), Jhabua, District Jhabua

(MP) in Special Sessions Trial No.58/2014 (Registration

No.200058/2014) vide judgment dated 15th January, 2021, as under: -

                Conviction                            Sentence
    Section          Act       RI         Fine         Imprisonment in lieu of fine
                                         amount
     395             IPC     10 years   Rs.1,000/-               1 month RI

Counsel for the appellants at the outset seeks to withdraw the

suspension application filed on behalf of appellant No.1 Pankaj s/o

Jaimal.

Prayer is allowed.

Accordingly, IA No.4626/2021 filed on behalf of appellant

No.1 Pankaj s/o Jaimal is dismissed as withdrawn.

CRA No.1546/2021

So far as appellant No.2 Vijay @ Velsingh s/o Paru is

concerned, it is submitted that there was no Test Identification

Parade (TIP) so far as appellant No.2 is concerned; and he has been

put to identification for the first time in the Court itself; and even

otherwise, a recovery of Rs.5,000/- (rupees five thousand) has been

made at the instance of appellant No.2 regarding which there is no

identification.

Counsel has further submitted that the present appellant is in

jail since 15.01.2021 and the final disposal of the appeal is likely to

take sufficiently long time.

At this stage, counsel for the appellants seeks time to further

argue the matter.

Let the matter be listed after one week.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.02.10 15:36:06 +05'30'