Srajan vs The State Of Madhya Pradesh
2022 Latest Caselaw 12185 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                          CRA No. 3627 of 2022
                                                    (SRAJAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-09-2022
                                Shri V.K. Gangwal, learned counsel for the appellant.

                                Shri S.S. Thakur, learned Dy. Govt. Advocate for the respondent -State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A.No.5569/2022, which is an application filed under Section 389(1) of Cr.P.C, for suspension of jail sentence moved on behalf of

the appellant - Srajan.

Appellant has been convicted for the offence punishable under Section 395 of IPC and and 10 years RI with fine of Rs.100/- with default stipulations vide judgement dated 22.01.2022 passed by the 3rd Additional Sessions Judge, Ratlam in S.T. No. 156/2010.

Learned counsel for the appellant submits that admittedly, appellant was arrested in the matter after about 2 1/2 month of the incident. During identification parade, he was not identified by the complainant. The articles i.e. the silver bangles said to be seized from the possession of the appellant was

also not produced before the trial Court during recording of statement of the complainant. Specific question with regard to the possession of the aforesaid silver bangles has not been asked from the appellant during recording of his statement u/S 313 of Cr.P.C. Appellant has wrongly been convicted. Impugned judgment of conviction and order of sentence is not sustainable. Appellant is in custody for since last one year. There is no likelihood of hearing of the appeal in near future. With the aforesaid, prayer is made for suspension of the Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/14/2022 11:45:24 AM

remaining custodial period and grant of bail to the appellant.

Learned Public Prosecutor for the respondent-State opposes the prayer for suspension of remaining jail sentence and submits that looted property i.e. silver bangles has been seized from the possession of the appellant. He was very well involved in the crime. Hence, no case for grant of suspension is made out.

Having considered the rival submissions, material pointed out by learned counsel for the appellant, especially with regard to identification of the appellant, time gap between the incident and seizure of the articles said to be seized from the possession of the appellant and also considering overall

material produced on record so also the fact that trial will take time to conclude, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the matter I.A.No.5569/2022 is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty thousand only) alongwith a solvent surety in the like amount to the satisfaction of the Trial Court, for his appearance before the Registry of this Court firstly on 27.10.2022 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/14/2022 11:45:24 AM

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Signature Not Verified Signed by: SEHAR HASEEN Signing time: 9/14/2022 11:45:24 AM