Rameshwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 2398 MP

                                     1                          Cr.A.9099/19

                   HIGH COURT OF MADHYA PRADESH
                              Cr.A.9099/19
                     (Rameshwar & Anr.Vs. State of M.P.)

Gwalior, Dated:21.02.2022
         Shri Prabal Solanki, learned counsel for the appellants.

         Shri Anil Shukla, learned Public Prosecutor for the respondent/State.

Heard on I.A.No.1654/2022, second application under Section

389(1) of Cr.P.C. filed by appellant No.2-Ramesh Chand Gupta for

suspension of sentence and grant of bail.

Vide judgment dated 04.10.2019 passed by learned Special Judge,

MPDVPK Act, Pichhore, District Shivpuri (M.P.) in S.T.No.76/2012, the

appellant No.2-Ramesh Chand Gupta has been convicted and sentenced as

under:

Section Sentence Fine In default stipulation 395 of IPC 7 years RI Rs.5,000/- six months 11/13 7 years RI Rs.5,000/- six months MPDVPK Act

In brief the prosecution case is that on 08.08.2012 in the evening

between 5-6 PM at Golakhot Jain Mandir, village Goodar, Police Station

Khaniyadhana nine persons in a Tavera vehicle came there and stayed in

the temple. In the night at at 9-10, they have tied the hands and legs of

Chawkidar and Poojari of the temple and by threatening them snatched the

key and opened the temple. They have stolen two stone idols of God

Parshwanath and one metal idol and ran away from the spot. The idols

were of three years old. Report was lodged. The appellant-accused was

apprehended on 18.08.2012 and at his behest two idols, one mobile phone

and vehicle were seized and he was arrested on 18.08.2012.

2 Cr.A.9099/19

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

was in custody from 4.10.2019, ie., from the date of judgment. During trial

he was in custody for about 77 days. It is further submitted that the fine

amount has already been deposited. 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 and perused the record.

Considering the facts and circumstances of the case and looking to

the custody period, appeal is of the year 2019 and the final outcome of

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

the case, IA.No. 1654/2022 is allowed and it is directed that 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.50,000/- (Rupees Fifty 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 9th May, 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
     2022.02.21
     17:16:21
     +05'30'