Madhya Pradesh High Court
Deepak Shrivastava vs The State Of Madhya Pradesh on 21 February, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-285-2023
(DEEPAK SHRIVASTAVA Vs . STATE OF MADHYA PRADESH)
DATED:- 21-02-2023
Shri Avinash Kulshrestha - Advocate for the appellant.
Shri G.P. Chaurasiya - Public Prosecutor for the respondent/State.
Heard on IA. No.493/2023, 1 st application under Section 389 (1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the
sole appellant- Deepak Shrivastava.
This criminal appeal assails the judgment dated 26/12/2022 passed
in Special Case No.700118/2015 by the Special Judge (Dacoity),
District- Morena (M.P.), whereby the appellant has been convicted and
sentenced as under :-
Sections Sentence Fine (Rs.) Default
Stipulation
392 of IPC (two counts) 4 Years RI Rs.2,000/- 4 Months RI
11/13 of MPDVPK Act 4 Years RI Rs.2,000/- 4 Months RI
Allegations against the appellant and co-accused, in short, are that
on 03/06/2012 at about 8:30 AM, appellant and co-accused stopped the
complainant and his wife and on the gun point snatched valuable gold
ornaments from his wife and wallet from the complainant containing cash
of Rs.500/-, ATM card, Pancard etc. On the basis of aforesaid, crime was
registered against the appellant and co-accused.
Learned counsel for the appellant submits that the appellant has
been falsely implicated in this case. The appellant has been wrongly
convicted by the learned trial Court. The appellant was on bail during
trial and he has not misused the liberty granted to him. The appellant is in
jail from 23/09/2022 and he has suffered more than fifteen months of
incarceration. He is the permanent resident of District- Gwalior (M.P.).
There are fair chances of success of this appeal. The appeal is of the year
2023 which may take long time for its conclusion and the appellant
cannot be kept in custody for an unlimited period. Under these
circumstances, the execution of sentence be suspended and the appellant
be released on bail.
Learned counsel for the State opposed the application and prayed
for its rejection.
Keeping in view of the aforesaid submissions of learned counsel
for the parties and the fact that an early hearing of this case is not
possible, I.A. No.493/2023 is allowed.
It is, therefore, directed that if appellant deposits the entire fine
amount, if not already deposited, and furnishes a cash security of
Rs.25,000/- alongwith a personal bond in the sum of Rs.25,000/-(Rupees
Twenty Five Thousand Only) with one solvent surety of the like amount
to the satisfaction of trial Court for his appearance before the Registry of
this Court on 19th of June, 2023 and on such subsequent dates as may be
fixed in this regard, sentence of imprisonment awarded to him, shall
remain suspended till further orders and he shall be released on bail. In
case of any default, cash security shall be forfeited without giving any
notice.
I.A. No.493/2023 is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for
necessary compliance.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
RAHUL
Digitally signed by RAHUL SINGH PARIHAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
JUDGE
SINGH rahul
PRADESH BENCH GWALIOR, postalCode=474001,
st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da46068403462f
df82ab676d0cde4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9FE
728CE00D487,
PARIHAR
serialNumber=0275C4F803F94C47998BE5C534E21
BDED910FD4AB9D159B55575E814D05B2EED,
cn=RAHUL SINGH PARIHAR
Date: 2023.02.22 18:14:35 +05'30'
