Madhya Pradesh High Court
Vikram Kushwah vs State Of M.P. on 11 July, 2022
Author: Satyendra Kumar Singh
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.3537 OF 2020
(Vikram Kushwah vs The State of Madhya Pradesh)
Indore, Dated 11.07.2022
Mr. Gajendra Singh Chouhan, learned counsel for the
Appellant.
Mr. Raghvendra Singh Bais, learned counsel for the
Respondent/State.
Heard on the question of admission.
The appeal is admitted for final hearing.
Record has been received.
Also heard on IA No.8633/2022 which is fifth application
under Section 389(1) of the Code of Criminal Procedure, 1973, for
suspension of jail sentence filed on behalf of appellant - Vikram
Kushwah S/o Shri Prem Singh Kushwah who has been convicted
by learned Sessions Judge, Dewas (MP) in Session Trial
No.217/2019 vide judgment dated 12.02.2020 and has been
sentenced him as under:
Conviction Sentence
Section & Act Imprisonment Fine Amount Imprisonment
in lieu of fine
394 IPC 07 Years RI Rs.5,000/- 06 months RI.
Learned counsel for the appellant submits that complainant
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.3537 OF 2020
(Vikram Kushwah vs The State of Madhya Pradesh)
(PW/1) in para-32 of his cross-examination has admitted that in
TIP he did not identify the appellant as one of the assailants who
had committed loot with the complainant. He also admitted that
the motorcycle which was used by the present appellant at the time
of incident was without numbered. As per prosecution case, the
currency notes said to be seized from the possession of present
appellant was not an identifiable item. He also submits that in the
aforesaid circumstances, the learned trial Court has committed
error by holding the appellant guilty and has punished him for the
offence punishable under the aforesaid section, as mentioned
above. The appellant is in custody since last three and half years
which is more than 50% of the sentence awarded to him. There is
no likelihood of early hearing of this appeal and this appeal would
take considerably long time for its final disposal. Hence, the
sentence of appellant may be suspended and he may be released
on bail.
Per contra, learned counsel for the respondent/State has
opposed the prayer and prays for its rejection.
Having considered the rival submissions pointed out by
learned counsel for the appellant, as also in the identification
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.3537 OF 2020
(Vikram Kushwah vs The State of Madhya Pradesh)
memo in which he did not identify the present appellant as one of
the assailant and also considering the period of custody of
appellant which is more than 50% of the sentence awarded to him,
without commenting anything upon the merits of the case, this
application is allowed.
It is directed that if the appellant - Vikram Kushwah S/o
Shri Prem Singh Kushwah furnishes the personal bond of
Rs.50,000/-(Rupees Fifty thousand) and a solvent surety of like
amount to the satisfaction of Trial Court, and on depositing the
fine amount (if not already deposited), the remaining portion of
jail sentence of appellant shall be suspended and he be released on
bail for his appearance before the Registry of this Court on
05.09.2022 and thereafter on all subsequent dates as may be fixed
by the Registry in this behalf. Accordingly IA No.8633/2022
stands disposed of.
List the appeal for final hearing in due course.
Certified copy as per Rules.
(SATYENDRA KUMAR SINGH)
Arun/- JUDGE
Digitally signed by ARUN NAIR
Date: 2022.07.11 18:52:00
+05'30'
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.3537 OF 2020
(Vikram Kushwah vs The State of Madhya Pradesh)
