Shivcharan Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8123 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRA No. 3209 of 2022
                (SHIVCHARAN GURJAR Vs THE STATE OF MADHYA PRADESH)

Dated : 20-06-2022
      Shri Vinod Kumar Sharma, learned counsel for the appellant.

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

Heard on IA.No.6443/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Shivcharan Gurjar.

In brief, prosecution case is that complainant lodged a report at Police Chowki Magroni, District Shivpuri to the effect that on 01.4.2011 at about 11:00 pm, his family members were sleeping. At about 2:30 pm, when he woke up, he saw five unknown persons standing in the gallery. They started beating the complainant using iron road, adhiya and fists and blow. When his wife Urmila came to rescue him, one of the accused persons kicked her and took away one gold chain, gold bangles, etc. and locked them in the room. Thereafter, they took away various gold and silver ornaments from the locker. Upon his report, Crime No.51/2011 was registered for the offences punishable under Sections

395 and 397 of IPC and Section 11/13 of MPDVPK Act. After trial, appellant/accused vide judgment dated 14.3.2022 was convicted for the offence under Section 395 of IPC r.w. Section 11/13 of MPDVPK Act for ten years RI with fine of Rs.5,000/-.

It is submitted by learned counsel for the appellant that memorandum and seizure witnesses, who are the independent witnesses, have not supported the memorandum and seizure from the appellant. As per the impugned judgment, in

para No. 52, accused Brakhbhan @ Ghoda, Jagdish @ Karua, Udayveer, Vishnu Soni, Shivcharan, Balveer @ Ballo, Manoj, Ramesh S/o Madan and Ramesh S/o Jagdish were identified during court proceedings. It is further submitted that the appellant has been falsely implicated by the police/investigating agency. Appellant is in custody since the date of impugned judgment i.e. 14.3.2022. During trial he remained in custody for about 94 days. During trial, he was on bail but he did not misuse the liberty so granted. 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.6443/2022 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

AKS ALOK KUMAR 2022.06.20 18:26:07 +05'30' 11.0.23