Goldi @ Dheeraj vs The State Of Madhya Pradesh
2023 Latest Caselaw 20743 MP

Madhya Pradesh High Court

Goldi @ Dheeraj vs The State Of Madhya Pradesh on 7 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                                 1

                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          CRA No. 3641 of 2022
                                          (GOLDI @ DHEERAJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-12-2023
                                  Shri Vishal Namdeo - Advocate for the appellants.
                                  Smt.Shanti Tiwari - Panel Lawyer for the respondent/ State.

Heard on I.A.No. 23275 /2023, which is second application under Section 389(1) of the Cr.P.C. for suspension sentence and grant of bail T h e appellant has been convicted under Section 395 of IPC and

sentenced to undergo R.I. for 7 years with fine of Rs.5000/-, with default stipulation.

Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in the present case. Co-accused Rahul has been released on bail vide order of this Court dated 1.9.2023 passed in I.A.No. 16246 of 2023. The case of the present appellant is on the same footing. It is also urged that appellant has not been named in the F.I.R. Complainant has identified the appellant after 5 years during his testimony in the court. No TIP

has been conducted. The incident is dated 3.4.2016 and complainant's testimony has been recorded on 21.2.2022. No substantive recovery has been made from the appellant. Complainant has deposed in his evidence that on account of darkness, he could not properly identify the accused persons. In this connection, learned counsel for the appellant has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Amrik Singh vs. State of Punjab, (2022) 9 SCC 402 and Udayakumar vs. State of Tamilnadu, 2023 SCC OnLine 283 (Cr. Appeal No.1741 of 2010 dated 16.3.2023) . Therefore,

just on the basis of dock identification, appellant cannot be convicted. Co- driver (PW-9) has turned hostile and not supported the prosecution story. The final hearing of this appeal will take long time. Thus, it has been prayed that remaining jail sentence of the appellant may be suspended and he be released on bail.

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

Taking into consideration overall evidence on record including the testimony of PW-1 and nature of recovery, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A.No.23275 /2023 is

allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant - Goldi @ Dheeraj 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.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 concerning trial Court, Chhindwara on 22.12.2023 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.

(HIRDESH) JUDGE

Vikram