Ajay vs The State Of Madhya Pradesh
2023 Latest Caselaw 5424 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                     CRA No. 12203 of 2022
                                                 (AJAY Vs THE STATE OF MADHYA PRADESH)

                         Dated : 01-04-2023
                                Shri Rishi Tiwari, learned counsel for the appellant/Ajay.

                                Shri Rahul Solanki GA appearing on behalf of Advocate General/State.

                                IA No.1522 of 2023 considered, which is an application under Section
                         389(1) of Cr.P.C. on behalf of the appellant-Ajay for grant of bail and
                         suspension of remaining jail sentence.

                                Appellant has been convicted for the offence under Section 392 of IPC
                         and sentenced to 10 years R.I. with fine of Rs.5,000/-, with usual default
                         stipulation.
                                It has been submitted in the application that the appellant was remained
                         on bail during trial and he did not misuse the liberty given to him. There is a
                         strong case in favour of the appellant. It is further submitted that he has suffered
                         10 months of his jail incarceration period and having no criminal past. The FIR
                         has been lodged against unknown personas by merely stating that at the time of
                         incident, the night was dark and the miscreants were covering their faces by

                         cloth. The statements of witness Yogesh PW-1 and Bhakti PW-2 have been
                         recorded before the trial Court. TIP was conducted after lapse of 08 months of
                         the incident and co-accused Ghanshyam has been acquitted by the learned trial
                         Court on the same set of facts however, another co-accused Dharmendra is still
                         absconding. Final conclusion of appeal will take a long sufficient time. Hence it
                         has been prayed that appellant be released on bail and his remaining jail sentence
                         be suspended till the final disposal of the appeal.
                                In support of his contention, counsel for the appellant has placed reliance
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 4/1/2023
6:53:18 PM
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                         over the judgment of Wakil Singh vs. State of Bihar 1981 (supp) SCC 28
                         and Umesh Kamat vs. State of Bihar, (2005) 9 SCC 200 wherein the
                         Hon'ble Apex Court has considered the ground of                  of delay in TIP
                         conducted by the prosecution.
                               Learned GA for the respondent/State opposes the application for

suspension of sentence by submitting that stolen property has been recovered from the appellant and prays for its rejection.

I have heard the counsel for the parties and perused the record. After considering the facts and circumstances of the case, nature and gravity of the allegation against the appellant and also taking note of the fact that

appellant was remained on bail during the trial and he did not misuse the liberty given to him, Bhatki PW-2 in her statements had categorically stated that on the place of incident there was no arrangement of light and at that time, face of the accused ajay was covered by cloth and Yogesh in his statement stated that the person who has committed the loot is the colleague of appellant Ajay and the accused persons were covering their faces, TIP was conducted after lapse of 08 months of the incident and that final conclusion of this appeal will take a long sufficient time as well as the law laid down by Hon'ble apex Court in the case of Wakil Singh vs. State of Bihar 1981 (supp) SCC 28 and Umesh Kamat vs. State of Bihar, (2005) 9 SCC 200, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.1522 of 2023 is allowed and the execution of remaining jail sentence of the appellant-Ajay is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a

Signature Not Verified personal bond for a sum of Rs.75,000/- with one solvent surety of the like Signed by: AMIT KUMAR Signing time: 4/1/2023 6:53:18 PM

amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 5.10.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

C.C. as per rules.

(ANIL VERMA) JUDGE

amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/1/2023 6:53:18 PM