Naresh Dhakad vs The State Of Madhya Pradesh
2022 Latest Caselaw 7063 MP

            1IN THE HIGH COURT OF MADHYA PRADESH
                               AT GWALIOR
                         Criminal Appeal No.3091/2022

            (Naresh Dhakad & Ors. Vs. State of M.P.)
Dated 10.5.2022
      Shri Devendra Sharma, learned counsel for the appellants.
      Shri Anil Shukla, learned Public Prosecutor for the
respondent/State.

Heard on IA.No.7004/2022 & I.A.No.7751/2022, applications u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants Ramji Lal and Suresh Singh respectively.

In brief prosecution case is that on 3.10.2015 at 12 in the night

complainant Mukesh Pathak lodged a report at police Station,

Kumbhraj that he is working as Supervisor in Royal Security

Company and used to distribute salary to the guards working at Idea

Tower. On 3.10.2015 by keeping Rs.2,90,000/- in a bag he departed

from a pickup vehicle bearing registration No.MP07 GA 3506. He

took out Rs.60,000/- from the bag and distributed the same amongst

guards at Prem Motors Dharnavada, Vijapur, Khatkiya, Kumbhraj,

Ramnagar. Afterwards when he was going from Ramnagar to Sanai at

about 3 pm two persons on motorcycle met. They stopped him,

snatched key of the vehicle and mobile of the driver, slapped him and

also snatched two mobiles from him and bag containing 2IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR Criminal Appeal No.3091/2022

Rs.2,30,000/-. On his report, crime was registered. After trial,

appellants Ramji Lal and Suresh Singh have been convicted under

Sections 392, 395 and 120-B of IPC and sentenced to undergo 5 years

RI with fine of Rs.5,000/- for each of the offence with default

stipulation.

It is submitted by learned counsel for the appellants that during

trial appellants Ramji Lal and Suresh Singh have suffered

incarceration for 104 days and after judgment since 23.3.2022 they

are in custody. It is further submitted that co-appellant Naresh

Dhakad has been granted suspension of sentence vide order dated

26.4.2022. During trial, they were on bail, but they did not misuse the

liberty so granted to them. Amount of fine has been deposited. They

have a good case on merit. 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.Nos.7004/2022 & 3IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR Criminal Appeal No.3091/2022

7751/2022 are allowed and it is directed that jail sentence of

appellants -Ramji Lal and Suresh Singh will remain under suspension

subject to verification that amount of fine has been deposited, on

appellants' furnishing bail bond of Rs.25,000/- (Rupees Twenty Five

Thousand Only) each with one solvent surety each of the like

amount to the satisfaction of concerned Trial Court for their

appearance before the Principal Registrar of this Court on 21st

November, 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 ms/-

MADHU SOODAN PRASAD 2022.05.10 17:01:19 +05'00'