Abhishek Singh Tomar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4307 MP

                                       1
            The High Court of Madhya Pradesh
                                                        Cr.A.No.1772/2022

              (Abhishek Singh Tomar Vs. State of M.P.)
Gwalior dated 28.3.2022
      Shri Pradeep Katare, learned counsel for the appellant.
      Shri Pramod Pachauri, learned Public Prosecutor for the
respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court has been received.

Also heard on IA.No.2874/2022, first application u/Sec. 389(1) of

Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant- Abhishek Singh Tomar.

In brief prosecution case is that Muneem of Firm Puranmal

Agrawal & Company, namely Shyamsunder Agrawal, lodged a report on

24.12.2007 that yesterday at 8 pm he along with driver Ajay Kumar and

Sushil by taking jaggery in truck No.UP 13 B 7185 departed for Ambah

Porsa and next day at 6.30 am they reached Ambah. He stopped at

Ambah for recovery of money and sent the truck to Porsa for unloading

of jaggery. In Ambah he collected Rs.2,91,000/- from Suresh Traders,

Rs.75,826/- from Dataram and Avdhesh Kumar, Rs.20,830/- from

Ramsevak and in Porsa from Maheshchandra and Vinod Kumar

Rs.1,41,600, Rs.60,000/- from Mathur Trading Company, Rs.50,000/-

from Kapil Trading Company, Rs.51,000/- from Mahore Trading

Company and Rs.22,500/- from Omprakash Gupta. Thereafter, they

departed from Porsa towards Bulandshahar in the aforesaid truck. As

soon as they went ahead pull of Quari river, three persons sitting on

The High Court of Madhya Pradesh Cr.A.No.1772/2022

black colour motorcycle chased them and stopped their motorcycle in

front of their truck, due to which they stopped. The accused persons

climbed in the truck and by showing country-made pistol, they took

away suitcase containing Rs.7,63,200 and one mobile. All the accused

were 25-35 years of age. On his report, crime No.168/2007 was

registered for the offence punishable under Section 394 of IPC and

Sections 11/13 of the MPDVPK Act. During investigation, appellant and

co-accused were apprehended. From their possession, looted money was

seized. After trial, appellant has been convicted for the offence

punishable under Section 395 of IPC and Sections 11/13 of the

MPDVPK Act and sentenced to undergo 7 years RI with fine of

Rs.5,000/- with default stipulation under Section 395 of IPC.

It is submitted by learned counsel for the appellant that during

trial appellant was on bail, but he did not misuse the liberty so granted.

During trial, he remained in custody from 13.1.2008 to 9.9.2008 and

thereafter from the date of the judgment i.e. 9.2.2022 he is custody. It is

further submitted that none of the prosecution witnesses except IO

Jitendra Nagaich (PW-16) has supported the prosecution case. Amount

of fine has been deposited by the appellant. Final hearing of the appeal

will take time and appellant has a good case on merit. 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

The High Court of Madhya Pradesh Cr.A.No.1772/2022

commenting upon merits of the case, IA.No.2874 /2022 is allowed and

it is directed that jail sentence of appellant- Abhishek Singh Tomar will

remain under suspension subject to verification that amount of fine has

been deposited, on appellant's furnishing bail bond of Rs.50,000/-

(Rupees Fifty 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 29th August, 2022 and on

such further dates as may be fixed by the office in this regard till

disposal of the appeal.

Office has also listed this appeal on the PUD sent by Second

Additional Sessions Judge, Ambah, Distt. Morena, requesting therein to

send the record of Spl. Case No.23/2015 as the same is required in

connection with bail application of accused Mukesh Dhobi.

In view of the aforesaid, the record of Spl. Case No.23/15 be sent

to the concerned Court with a direction to return the same after decision

of the aforesaid bail application of co-accused.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.03.28 18:04:01 +05'00'