Kamal vs The State Of Madhya Pradesh
2022 Latest Caselaw 4314 MP

1                           Cr.A.No.2670/2019
                        (Kamal Vs. State of M.P.)

Indore : Dated 28.3.2022
      Shri Tarun Kushwah, learned counsel for the appellant.
      Ms. Mamta Shandilya, learned Govt.Advocate for the
respondent/State.

Heard on I.A.No.2422/2019, application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 394 of IPC and sentenced to undergo ten years' RI with fine of Rs.10,000/-, with fine of Rs.1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 14.3.2019 passed by Addl.Sessions Judge, Badnawar, District Dhar in ST No.500148/2016.

Prosecution story, in brief, is that on 29.7.2016 at about 9.00 PM when complainant Jainarayan was going on his Splendor motorcycle, appellant alongwith other co-accused person stopped him assaulted him with stone and took an amount of Rs.40,000/- alongwith other valuable documents including papers of Tractor and his motorcycle without his consent.

Learned counsel for the appellant submits that as per prosecution case incident was happened at about 9.00 PM. It is nowhere mentioned that how complainant identified the appellant. Complainant in his FIR and in the statement recorded under Section 161 of Cr.P.C.nowhere mentioned that he saw the appellant and co- accused persons at Petrol pump prior to the incident, therefore, identification conducted in the matter is doubtful. It is alleged that

(Kamal Vs. State of M.P.)

looted property an amount of Rs.1,000/- cash and looted motorcycle alongwith the papers were said to be seized from possession of the appellant, but independent witnesses have not supported the prosecution case in this regard. Learned counsel for the appellant further submits that the trial Court has not properly appreciated the evidence available on record. The appellant was on bail during trial and he has not misused the liberty granted to him. Appellant has suffered five years and eight months incarceration out of the total sentence of ten years awarded to him. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of the bail to the appellant.

Learned counsel appearing for the respondent/State has opposed the prayer and submits that looted property has been seized from possession of the appellant. Complainant has identified him during TIP as well as during trial. Offences registered against him are of serious in nature, therefore, he is not entitled for bail.

Considering the rival submissions, material pointed out by learned counsel for the appellant and contradictions in the statement of the complainant specifically with regard to identification of the appellant and there is no likelihood of hearing of appeal in near future, without expressing any opinion on merits of the matter I.A.No.2422/2019 is allowed and jail sentence of the appellants shall remain suspended.

(Kamal Vs. State of M.P.)

It is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with separate solvent sureties in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 09.05.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.2422/2019 is allowed.

List in due course.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.03.29 10:06:37 +05'30'