Aman @ Raman Nai vs The State Of Madhya Pradesh
2023 Latest Caselaw 2284 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        CRA No. 12265 of 2022
                                              (AMAN @ RAMAN NAI Vs THE STATE OF MADHYA PRADESH)

                         Dated : 08-02-2023
                                Shri Neeraj Kalbhor, learned counsel for the appellant.

                                Shri Rohit Shrivastava, learned Panel Lawyer for the respondent/State.

Heard on question of admission. The appeal being arguable is admitted for final hearing.

Heard on I.A. No.19969/2022, which is an application under Section 5 of the Limitation Act filed on behalf of the appellant- Aman, seeking condonation

of delay caused in filing the appeal.

Learned counsel for the appellant submits that appellant is in custody for about a year and due to his poor condition, he could not file the appeal within the time period. Delay was not intention, therefore the same be condoned.

Appeal is delayed by 276 days, but since the appellant is in custody and affidavit of appellant's mother has been filed in support of the submissions that due to mistake of counsel of the appellant and also due to the reason that appellant is in custody for a very long period, the appeal could not be filed within the time period, accordingly, the aforesaid application is allowed. Delay

caused in filed the appeal is condoned.

Also heard on I.A. No. 19968/2022, which is an application filed under Section 389(1) of the Cr.P.C on behalf of the appellant- Aman @Raman Nai, for suspension of sentence and grant of bail.

The trial Court has convicted the appellant under Sections 392 of IPC read with Section 11/13 of the MPDVPK Act and sentenced to undergo four years' RI with fine of Rs.1000/-, with default stipulation, vide judgment of Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 2/9/2023 10:08:01 AM

conviction and order of sentence dated 17.12.2021 passed in Special Case DOCT No.700019/2013 by Special Judge, MPDVPK Act, Gwalior.

Learned counsel for the appellant submits that it has been alleged against the appellant- Aman that he along with other co-accused persons committed robbery with the complainant. Co-accused persons have been already enlarged on bail while appellant is in custody for about a year. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant, on the ground of parity of co-accused persons, prays for suspension of remaining jail sentence and grant of bail to the appellants- [email protected] Raman Nai.

Learned counsel for the respondent/State has opposed the prayer and submits that the appellant was identified by the complainant during TIP as well as trial. Offence alleged against the appellant are of serious in nature, therefore, the appellant may not be given the benefit of suspension of sentence and grant of bail.

Having considered the rival submissions, material available on record, specially the fact that co-accused persons namely Sanni and Ravi @ Bhoot have been enlarged on bail vide order dated 25.01.2022 and 07.02.2022 passed in CRA No. 434/2022 and CRA No. 938/2022 respectively, and also considering the period of custody, parity with the bail of co-accused persons and that there is no likelihood of hearing of this appeal in the near future, but without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant Aman shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) along with separate solvent Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 2/9/2023 10:08:01 AM

surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 10.04.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Vishal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 2/9/2023 10:08:01 AM