Madhya Pradesh High Court
Vijay Singh vs The State Of Madhya Pradesh on 1 December, 2023
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 12690 of 2023
(VIJAY SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 01-12-2023
Shri Yash Sharma - learned counsel for the appellant.
Shri Girraj Soni - learned Panel Lawyer for the respondent-State.
Heard on the question of admission.
Record of the Trial court has already been received.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No.19844/2023, first application under Section 389(1)
Cr. P.C. moved on behalf of the appellant Vijay Singh seeking suspension of
sentence and grant of bail.
Appellant stood convicted under Section 412 of the IPC and sentenced
to suffer seven years RI with fine of Rs. 1000/- and convicted under Section
11/13 of the MPDVPK Act and sentenced to suffer three years RI with fine of
Rs. 1000/- with default stipulation vide judgment of conviction and order of
sentence dated 21/09/2023 passed by Special Judge (MPDVPK Act), Gohad,
District Bhind (M.P.) in Special Dacoity Case No.15/2018.
Learned Counsel for appellant in addition to the grounds mentioned in the
application submits that appellant Vijay Singh was convicted merely on the
basis of statement of Investigation Officer with regard to recovery of one
pendant made of gold from his possession. Ramgopal (P.W.2) and Bunty
Singh (P.W.4) who are witnesses of statement recorded under Section 27 of the
Evidence Act Memo Ex.P.9 and seizure memo Ex.P.10 did not support the
prosecution. The statement of Investigation Officer with regard to recovery of
pendant at the instance of appellant Vijay Singh is inconsistent and
contradictory. Learned Trial court committed an error in relying on sole
testimony of Investigation Officer in this regard. Learned counsel further
contends that as per case of the prosecution, Vijay Singh had purchased
pendant of gold for Rs. 14,000/-. It goes to show that Vijay Singh was bonafide
purchaser for consideration without knowledge of the fact that pendant was
property of loot. Learned Trial Court committed an error in convicting appellant
Vijay Singh for offence punishable under Section 412 of the IPC and Section
11/13 of the MPDVPK Act. Further, learned Trial Court sentenced Vijay Singh
to suffer rigorous imprisonment for seven years which is dis-proportionately
high considering the act and conduct alleged against appellant. Learned trial
Court failed to appreciate this inconsistency in the impugned judgment. Learned
Trial Court has committed an error in convicting and sentencing the co-accused
without appreciating the prosecution evidence properly. There are material
contradictions and omissions in the evidence of witnesses. No offence of
robbery was proved. Appellant- Vijay Singh was in custody during trial i.e. 98
days and he is in custody since 21/09/2023. There is no likelihood of early
hearing of the appeal in the near future. On these premised submissions, learned
counsel prays that the execution of remaining jail sentence of appellant may be
suspended and he may be enlarged o n bail during pendency of the instant
appeal.
Per contra, learned counsel for respondent State opposes the application
and prays for its rejection.
Upon hearing learned Counsel for the parties but without commenting
upon rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly, directed that the
execution of remaining jail sentence of appellant shall remain suspended during
pendency of this appeal and he shall be enlarged on bail subject to furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)
with one solvent surety in the like amount to the satisfaction of Trial Court
and also subject to deposit of the fine amount (if not already deposited) for his
appearance before the Registry of this Court first on 22/12/2023 and on further
dates as may be fixed by the Registry in this regard till final disposal of the
instant appeal.
Accordingly, IA No.19844/2023 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Prachi
