Raj Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 9122 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                           CRA No. 1906 of 2020
                    (RAJ KUMAR Vs THE STATE OF MADHYA PRADESH)

Dated : 08-07-2022
      Shri D.S.Rajawat, learned counsel for the appellant.

      Shri   Pramod     Pachauri,       learned   Public   Prosecutor   for   the
respondent/State.

Heard on IA.No.9539/2022, 3rd application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Raj Kumar. First application has been dismissed on merits vide order dated

7.11.2020 and second application has been dismissed as withdrawn.

In brief, prosecution case is that on 11.7.2016 appellant along with others entered in the house of Dr. Y.D.Agrawal, committed Marpeet with him and his wife and looted gold and sliver ornaments. FIR has been lodged. On the basis of FIR, crime for the offence punishable under Sections 394, 427 and 450 of IPC was registered. Injured were sent for medical examination. Appellant and others were arrested. From his possession, gold ornaments and mobile were seized. After trial, he has been convicted by the 1st Additional Sessions Judge, Ashoknagar, vide judgment dated 25.1.2020 in Sessions Case No.165/2016 for

the offence punishable under Sections 394, 427, 450, 342, 397 and 120-B of IPC with maximum jail sentence of ten years.

I t is submitted by learned counsel for the appellant that during trial appellant remained in custody for 204 days and after judgment since 25.1.2020 he is in custody. Co-accused Lakhan and Gopesh have been granted suspension of sentence by this Court vide order dated 20.6.2022. Amount of fine has been deposited by him. He has a good case on merits. Final hearing of

the appeal will take time. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.9539/2020 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 12th December, 2022 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

MADHU Digitally signed by MADHU SOODAN PRASAD DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

SOODAN postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d6b55bd7b8b095e45b0d58a876e9d d057f98aa4a26968acc4ea58035d05b0084, pseudonym=21DE0DCEA1B5577FE9666E96A 639DACD88861D95,

PRASAD serialNumber=DE0210C75DA91FC2450CFA0F 0690B6A99A0171130FC18D279EADF9DF4DB D2F58, cn=MADHU SOODAN PRASAD Date: 2022.07.09 09:59:41 +05'00'