Janak Pardi vs The State Of Madhya Pradesh
2022 Latest Caselaw 8463 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                             CRA No. 5238 of 2022
                    (JANAK PARDI Vs THE STATE OF MADHYA PRADESH)

Dated : 27-06-2022
      Shri Prakhar Dhengula, counsel for the appellant.

      Shri R.K.Awasthi, PP for the respondent/State.

Heard on I.A. No. 9627/2022, which is first application for suspension of sentence and grant of bail filed on behalf of the appellant.

This appeal has been preferred against the judgment dated 19/05/2022 passed by Sessions Judge, Guna, in S.T. No. 500198/2016, whereby, the

appellant has been convicted under section 458 and 394 of IPC and sentenced to undergo Six years RI with fine of Rs.1000/- and Five years RI with fine of Rs.1000/- respectively with default stipulation.

Learned counsel for the appellant submits that the trial court has not appreciated the evidence property. He has further argued that the FIR has been lodged against unidentified persons who were covering their faces. He has further argued that the witnesses of seizure of stolen articles from the appellant have turned hostile. It is further submitted that the witnesses who are made witnesses of memorandum and seizure have allegedly identified the appellant

and therefore, the prosecution cannot be believed upon the fact that it was the appellant who committed the crime.

On the other hand, learned counsel for the State has opposed the application and prayed for it's rejection.

Heard learned counsel for the parties and perused the record. In view of the facts and circumstances of the case and in particular that the witnesses of seizure of stolen articles have not supported the case of

prosecution and TIP was conducted before the same witnesses who are allegedly the witnesses of seizure, IA No. 9627/2022 is allowed and without commenting on merit of the case, it is directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) with two local solvent sureties in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court o n 25th July, 2022 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

The record has already been received.

List this appeal for admission in due course.

Certified copy/e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

Rks

RAM KUMAR SHARMA 2022.06.28 18:19:26 +05'30'