Tribhuvan Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 13389 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 9348 of 2023
                                            (TRIBHUVAN MISHRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-08-2023
                                  Shri Ankit Sahu - Advocate for the appellant.

                                  Shri Manoj Soni- Panel Lawyer for the respondent/State.

Heard.

Admit.

Heard on I.A.No.17495 of 2023, first application under Section 389(1)

of the Cr.P.C. for suspension sentence and grant of bail to appellant- Tribhuvan Mishra arising out of judgment dated 11.07.2023 delivered in S.T. No.3400263/2016 by Seventh Additional Sessions Judge, Satna, District-Satna.

T h e appellant has been convicted under Section 394 of IPC and sentenced to undergo R.I. for 7 years and fine of Rs.1,000/-with default stipulation.

Learned counsel for the appellant submits that appellant was arrested on 21.07.2016. FIR has not been lodged immediately after the incident. No recovery has been made from appellant. No papers relating to booking of the

vehicle has been seized. Referring to testimonies of PW-4 and PW-8 extensively it is urged that there is no evidence to connect the appellant with the alleged offence. The trial Court has wrongly convicted the appellant. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.

Learned Panel Lawyer for the State, on the other hand, has opposed the application.

Taking into consideration the testimonies of PW-4 and PW-8 including Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/17/2023 5:58:22 PM

their cross-examination, non-recovery of concerned vehicle, non-recovery of any incriminating material from the appellant and non-recovery of papers relating to booking vehicle of concerned vehicle etc., I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 17495 of 2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Tribhuvan Mishra is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty 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 concerning trial Court, Satna, District-Satna on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/17/2023 5:58:22 PM