Vinod Kumar Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 1721 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                  CRA No. 5386 of 2022
                                                      (VINOD KUMAR MISHRA Vs THE STATE OF MADHYA PRADESH)

                                    Dated : 31-01-2023
                                           Shri M.P. Rajak - Advocate for the appellant.

                                           Shri Purushottam Soni - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.11559/2022, which is first application for

suspension of sentence and grant of bail filed on behalf of the appellant.

The appellant has been convicted by the trial Court under Section 386 of the IPC and sentenced to R.I. for 3 years with fine of Rs.1,000/-, with default stipulations.

Learned counsel for the appellant has produced the judgment, whereby the other accused persons, for the same incident, have been convicted for committing murder of twin children aged about 6 years. The allegation against the appellant is that he met with the close family members of the deceased children and demanded Rs.10,00,000/- as ransom, on his demand, Rs.3,600/-

have been paid to him. The family members of the children followed the present appellant and one Bhola Gupta, caught-hold them and took to the Police Station-Nayagaon, then offence under Section 386 r/w 34 of the IPC has been registered against them after trial. On the basis of trustworthy evidence, they have been convicted for the offence.

Learned counsel for the appellant has submitted that the trial Court has Signature Not Verified SAN

not properly appreciated the oral and documentary evidence available on record Digitally signed by PRACHI PANDEY Date: 2023.02.02 10:21:51 IST

and committed error in convicting the appellant for the aforesaid offences.

There is no direct involvement of the appellant in the said crime. Disposal of this appeal would take considerable time, hence jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has strongly opposed the application. Although learned trial Court suspended the sentence of the appellant, but looking to the facts and circumstances of the case and also considering that in connection of the same offence, other accused persons have been convicted by the Court for committing murder of two children, this Court is not inclined to suspend the sentence of the appellant and grant bail in his favour.

Accordingly, I.A. No.11559/2022 is hereby rejected.

Trial Court is directed to proceed against the present appellant to take him in custody.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Prachi

Signature Not Verified SAN

Digitally signed by PRACHI PANDEY Date: 2023.02.02 10:21:51 IST