Andeliya Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 638 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 3425 of 2021
                   (ANDELIYA GURJAR Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 13-01-2022
       Heard through Video Conferencing.

       Mr. D.R. Sharma, learned counsel for the appellant.
       Mr.       G.P.   Chaurasiya,       learned   Public   Prosecutor   for   the
respondent/State.

Heard on I.A.No.31521/2021, second application under Section 389(1) of Cr.P.C. filed on behalf of appellant for suspension of sentence and

grant of bail.

First application has been dismissed as withdrawn vide order dated 07.09.2021.

This appeal has been preferred against the judgment dated 24.02.2021 passed by Special Judge, (MPDVPK Act), Gwalior in S.T.No.137/2010, whereby the appellant has been convicted under Section 394 of IPC read with Section 13 of MPDVPK Act and sentenced to undergo ten years of RI with fine of Rs.5,000/-,with default stipulation.

As per prosecution story, complainant lodged a report at Police Station

Ghatigaon, District Gwalior alleging therein that his tractor No.D.I.475, mobile and Rs.15,000/- were looted by some unknown persons. crime was registered and matter was investigated. During investigation, appellant was apprehended. At the behest of appellant, looted tractor was seized. He was identified during Test Identification Parade.

Learned counsel for the appellant submits that during trial the appellant was in custody for a period of 431 days and from 24.02.2021 till today he is in custody. There are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and he be released on bail.

On the other hand, the application is opposed by the Counsel for the

State.

C o ns id ering the facts and circumstances of the case, I.A.No.31521/2021 is allowed. On depositing the fine amount (if not deposited by the appellant), the remaining jail sentence of appellant shall remain suspended and he shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) to the

satisfaction of trial Court for his appearance before the Registry of this Court

on 20 th April, 2022 and on all other subsequent dates as may be fixed by the office.

Certified copy/ E-copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

bj/-

BARKHA SHARMA 2022.01.14 15:16:14 +05'30'