Harendra Singh Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 14122 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 8052 of 2023
                                           (HARENDRA SINGH GURJAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-08-2023
                                Mr. Arjun Sharma, Advocate for the appellant.

                                Mr. Rohit Shrivastava, Panel Lawyer for the respondent - State.

Admit.

Heard on I.A. No. 14829 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 22.5.2023 passed by Special Judge, M.P.D.V.P.K. Act, Dabra, District Gwalior (M.P.) in SC DOCT No. 02/2017, whereby appellant has been convicted and sentenced under Sections 394 of IPC r.w. Section 11/13 of M.P.D.V.P.K. Act and 397 of IPC r.w. Section 11/13 of MPDVPK Act to undergo rigorous imprisonment of seven years with fine of Rs.10,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. Case of the prosecution is suspicious on account of the fact that allegedly one

Sadab and Amir Khan have been robbed, looted and assaulted by the appellants. Sadab died during trial and his cross-examination could not be completed and prosecution examined one Amin as PW-9, however, as per the prosecution story, it was Amir Khan who was robbed and looted and police statement of Amir Khan was recorded as Ex.P-9. It is further argued that there are material contradictions and omissions in the statement of the prosecution witnesses. There is also a delay in the conducting the T.I.P. Further argument is Signature Not Verified Signed by: ALOK KUMAR Signing time: 28-Aug-23 6:08:36 PM

that appellant has suffered nine months of incarceration out of total jail sentence of seven years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 14829 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on

furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court o n 21.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 28-Aug-23 6:08:36 PM