Gopesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8093 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                           CRA No. 2324 of 2020
                     (GOPESH Vs THE STATE OF MADHYA PRADESH)

Dated : 20-06-2022
      Shri Rohit Shrivastava, learned counsel for the appellant.

      Shri Sushant Tiwari, learned Public Prosecutor for the respondent/State.

Heard on IA.No.23378/2020, 1st application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Gopesh.

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 and silver ornaments along with country-made pistol were seized. During identification, complainant identified him. 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, 120-B of IPC and Sections 25/27 of the Arms Act 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 424 days and after judgment since 25.1.2020 he is in custody. 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.23378/2020 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 SOODAN PRASAD 2022.06.20 18:09:08 +05'00'