Laxman vs The State Of Madhya Pradesh
2023 Latest Caselaw 2713 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        CRA No. 3069 of 2022
                                                (LAXMAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-02-2023
                                Shri Deependra Singh Raghuwanshi, learned counsel for the appellant.

                                Shri CP Singh, learned Panel Lawyer for the respondent- State.

Record of the trial Court has already been received and the appeal has already been admitted for final hearing vide order dated 12-05-2022.

Heard o n IA No. 3134 of 2023, which is the first application under Section 389 of CrPC filed on behalf of appellant seeking suspension of

sentence and grant of bail.

Vide judgment dated 10-02-2022 passed by Additional Sessions Judge, Chanderi, District Ashok Nagar in ST No. 93 of 2014, the appellant Laxman has been convicted for offence under Sections 392/397, 458 of IPC and sentenced to undergo seven years RI, seven years RI with fine of Rs.1,000/-, Rs.1,000/- and further sentenced to five years RI with fine of Rs.500/- for offence under Section 25(1-B)(A) of the Arms Act respectively with default stipulation.

Allegation against the present appellant is that he along with two co- accused persons on 07-12-2013 entered in the wine shop and committed

robbery of Rs. 4500/-, purse containing Rs. 600/- and mobile and thereafter fled away from the place of occurrence. On the basis of which FIR vide Crime No.462 of 2013 was registered. Matter was investigated and statements of witnesses were recorded. After completion of investigation and other formalies, charge sheet was filed before the competent court from where the case was committed to the sessions court for its trial. The trial Court after conclusion of trial, convicted and sentenced the appellant as mentioned above. Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/14/2023 5:46:58 PM

Learned counsel for the appellant submits that during trial, the appellant has suffered eight months jail sentence out of seven years jail sentence awarded by trial Court. The appellant is in custody since date of passing of judgment dated 10-02-2022. The appeal is of 2022 and final outcome of appeal will take some time. Hence, prayed for suspension of jail sentence and grant of bail of the appellant.

On the other hand, the application is opposed by State Counsel and it is submitted that looking to the nature of offence, the appellant is not entitled for suspension of his jail sentence and prayed for dismissal of application.

Up o n hearing learned counsel for the parties and considering the

aforesaid facts of the case, but without commenting upon the merits of the case, IA is allowed and it is directed that the jail sentence of appellant shall remain suspended during pendency of present appeal and he be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. The appellant is directed to appear before Registry of this Court first on 20.04.2023 and on other subsequent dates as may be fixed by the Office.

Accordingly, IA stands allowed and disposed of. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

List for final hearing in usual course.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/14/2023 5:46:58 PM

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 2/14/2023 5:46:58 PM