Laxminarayan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7060 MP

                                                                      01

        THE HIGH COURT OF MADHYA PRADESH
                         CRA 7494/21
                 (Laxminarayan Vs. State of M.P.)

Gwalior, Dated: 10.5.2022
      Shri S.K Tiwari, learned counsel for appellant.

      Shri    Anil     Shukla,    learned    Public   Prosecutor      for

respondent/State.

IA. No.7276/22, 2nd application under Section 389 of Cr.P.C.

for suspension of sentence and grant of bail filed on behalf of

appellant-Laxminarayan is taken up and considered. His first

application was dismissed as withdrawn by order dated 21.2.22.

This criminal appeal assails the judgment dated 22.10.21

passed in S.T. No. 26/14 by Seventh Additional Sessions Judge Guna

(M.P.) whereby appellant has been convicted and sentenced as under

with default stipulation :-

         Sections             Imprisonment               Fine
   452 of IPC            7 years R.I.           Rs.1000/- with
                                                default stipulation
   394/397 of IPC        7 years R.I.           Rs.2000/- with
                                                default stipulation

Brief facts of the case are that 7.11.13 at 7 pm, complainant

Genda Bai lodged an FIR at P.S. Dharnavada District Guna against

accused Purushottam @ Pappu and three others that in the night of

6.11.13 she was sleeping in Usare of her house. In the night at 3 am,

four persons came and shut her mouth with clothes and took out

silver bangles weighing 500 gm. Another fellow took out Khangwari

weighing 400 gm and one gold ring weighing 5 gm and gold tops

from her ear weighing 5 gm due to which her ear was injured. Blood

was oozing out. They also took out Rs. 6000/- cash and during this

they committed marpeet with her. She saw that out of them one is

Purushottam @ Pappu. On her report crime No. 68/2012 for the

offence punishable under Section 394 of IPC was registered against

present appellant and others. She was sent for medical examination.

During investigation Purushottam was apprehended. From his

possession gold tops were seized. In his memorandum he has stated

that alongwith him, present appellant was also involved in the crime.

Appellant was apprehended. From the possession of present appellant

Rs.6000/- were seized. Identification was conducted during which

complainant identified him.

From the side of appellant it is submitted that appellant has

been falsely implicated. Present appeal is of 2021 and final outcome

will take time. During trial appellant was in custody for 89 days and

since the date of judgment appellant is in custody. It is also submitted

that besides recovery of cash amount as far as identification is

concerned, complainant in her cross-examination in Para 11 has

specifically admitted that when she went to Police Chowki, SHO

showed present appellant to her. Under these circumstances, he prays

for suspension of sentence and grant of bail.

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for grant of

bail is made out.

Considering the facts and circumstances of the case, but

without commenting anything on the merits of the case,

IA.No.7276/22 is allowed and it is directed that jail sentence of

appellant-Laxminarayan will remain under suspension subject to

verification that the 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 5th September, 2022 and thereafter on such

further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ojha

YOGENDRA OJHA 2022.05.10 18:35:12 +05'30'