Ravi Jadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 979 MP

                                    1
        The High Court Of Madhya Pradesh
                  CRR No. 149 of 2022
                    (RAVI JADAV Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 20-01-2022
       Heard through Video Conferencing.

       Mr.Ashutosh Patel, learned counsel for the applicant.
       Mr.C.L.Sethi, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The revision is admitted for hearing.

Let record of the courts below be requisitioned.

Also heard on I.A.No.637/2022, which is first application for suspension of sentence and grant of bail on behalf of the applicant.

By the impugned judgment dated 23.12.2021 the Sessions Judge, Bhopal in Criminal Appeal No.100677/2016 affirmed the judgment dated 09.8.2016 passed by the Chief Judicial Magistrate, Bhopal in RCT No.6832/2008 in convicting the applicant for offences under sections 457 and 380 of the Indian Penal Code and sentencing to undergo R.I. for 1 year & 1 year with fine of Rs.1,000/- & Rs.1,000/- respectively with default stipulations.

As per prosecution case, complainant-Jitendra Singh lodged a report at Police Station, Kolar Road, Bhopal stating that on 05.1.2008 at about 7:00 am in his locality there was crowd near House No.D-9. Then, he gathered that some unknown person entered the house of one Shrivastava by breaking open gate lock and stolen Car bearing registration MP-04/HC-6092 and a motorcycle having number MP-04/MJ-6631 kept in the Porch. After return of house owner it was gathered that there was theft of ornaments, titan wrist watch, laptop, DVD and cash amount. Therefore, aforesaid offences were registered against the applicant.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The courts below have not properly appreciated the evidence available on record, particularly

evidence of Amit (PW.3) and Anil Nair (PW.4). There is no identification of stolen ornaments by Shobha Shrivastava (PW.2). The maximum sentence awarded is rigorous imprisonment for one year. The applicant was on bail during trial and pendency of appeal. The applicant has deposited the fine amount. He is now in jail since 23.12.2021. Final disposal of this appeal would take considerable time. Hence, prayer for suspension of sentence be

allowed.

Learned Panel Lawyer has strongly opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; nature of allegations against the applicant; statements of witnesses; and seizure memo; prima facie it appears that it is not a fit case for suspension of sentence and grant of bail.

Accordingly, the application for suspension of sentence stands dismissed.

I.A.No.637/2002 stands dismissed.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.01.24 18:24:31 IST