Awadesh Shrivas vs The State Of Madhya Pradesh
2023 Latest Caselaw 6213 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 4394 of 2021
                                            (AWADESH SHRIVAS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-04-2023
                                Shri Anoop Kumar Saxena - Advocate for the appellant.

                                Shri Arvind Singh - Government Advocate for the respondent/State.

Heard on I.A.No.12319/2022, which is the first application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of sole appellant Awadhesh Shrivas.

The appellant has filed this Criminal Appeal being aggrieved by the judgment of conviction and sentence dated 23/06/2021 passed by Second Additional Sessions Judge, Bijawar, District Chhatarpur in Sessions Trial No.20/2017, whereby the appellant has been convicted under Sections 394 read with Section 397, 302 of the IPC and Section 25(1-B)(A), 27(1) of the Arms Act and sentenced him to undergo R.I. for ten years with fine of Rs.5,000/-, R.I. for life with fine of Rs.5,000/-, R.I. for one year with fine of Rs.500/- and R.I. for three years with fine of Rs.500/- respectively with default stipulation and with a direction that substantive jail sentence shall run concurrently.

Learned counsel for the appellant submits that statement of sole eyewitness Ajay Kumar Agrawal (PW-3) is not trustworthy in respect of involvement of the appellant in the crime. The alleged test identification parade (Ex.P-2) is not trustworthy. He further submitted that no independent witness has supported the prosecution case. Ballistic report (Ex.P-36) does not support the prosecution case. It is further submitted that this Court vide order dated 23/06/2022 passed in Cr.A.No.4126/2021 has already suspended the jail sentence of co-accused Gaurav Kant. It is submitted that the appellant has no Signature Not Verified Signed by: ANURAG SONI Signing time: 19-Apr-23 6:08:13 PM

criminal antecedent. The appellant is in custody since the date of his arrest i.e. 04/10/2016. This Appeal is of the year 2021 and there is no possibility of early hearing of this Appeal in near future. Hence prays for suspension of sentence and grant of bail to the appellant.

Per contra, learned Government Advocate for the respondent/State opposed the prayer on the basis of written objection and submits that the appellant is the main accused, who has fired the gunshot. On the disclosure statement (Ex.P-8) of the appellant firearm was seized vide seizure memo Ex.P- 12 from the appellant, therefore, the case of the appellant is not similar to co- accused Gaurav Kant, whose jail sentence has been suspended by this Court

vide order dated 23/06/2022 passed in Cr.A.No.4126/2021. He further submitted that the trial Court has passed the impugned judgment after proper appreciation of evidence that came on record and has rightly held the appellant guilty for the aforesaid offences. Hence, prays for dismissal of the application.

We have heard learned counsel for the parties at length and perused the record.

Considering the above factual matrix of the case and looking to the facts and circumstances of the case, Para-9 of the statement of Ajay Kumar Agrawal (PW-3), the ballistic report (Ex.P-36) and the fact that this Appeal is of the year 2021 and early hearing of this Appeal is not possible in near future, without expressing any conclusive opinion on merits, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.12319/2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Awadhesh Shrivas is hereby suspended and

Signature Not Verified Signed by: ANURAG SONI Signing time: 19-Apr-23 6:08:13 PM

it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Trial Court with a further direction to appear before the Trial Court, Bijawar, District Chhatarpur on 14/06/2023 and also on such other dates as may be fixed by the Trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                               (SUJOY PAUL)                              (AMAR NATH (KESHARWANI))
                                  JUDGE                                           JUDGE

                          as




Signature Not Verified
Signed by: ANURAG SONI
Signing time: 19-Apr-23
6:08:13 PM