Bhagwan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 702 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 10538 of 2022 (BHAGWAN SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 11-01-2023 Shri Anshu Gupta, learned counsel for the appellant.

Shri Avneesh Singh appearing on behalf of Advocate General.

Heard on I.A.No. 17642/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant.

This criminal appeal has been filed against the judgment dated 9.11.2022

passed in Criminal Appeal. No. 04/2017 by Additional Sessions Judge Kurwai District Vidisha (M.P.) whereby appellant has been convicted and sentenced to under go under Section 457 of IPC for 7 years RI with fine of Rs. 1000/- and under Section 380 of IPC for 7 years RI with fine of Rs. 1000/- with default stipulation.

I n brief prosecution case is that on 12.05.2013 complainant lodged a report at Police Station Kurwai Dist. Vidisha regarding theft in his house in which golden and silver ornaments to the cost of Rs. 4 Lakh were stolen. On his report, crime no. 126/2013 for the offence punishable under Section 457,

380 was registered. During investigation appellant and other co-accused persons were apprehended. From the possession of accused Govind, silver and gold ornaments and motorcycle were seized. Appellant and co-accused were arrested. Charge-sheet has been submitted. Trial Court acquitted all the accused persons. State preferred an appeal before the Appellate Court challenging the order of acquittal. The Appellate Court vide judgment dated 09.11.2022 convicted the appellant for the aforesaid offences.

It is submitted by counsel for the appellant that the appellant was on bail Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 1/12/2023 2:28:42 PM

during trial and he did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. Appeal is of the year 2022 which may take long time for its conclusion. During trial, appellant remained in custody for one month and thereafter since the date of judgment i.e. 9.11.2022 he is in custody. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, 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.17642/2022 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes 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 concerned Trial Court for his appearance before

the Principal Registrar of this Court on 28 th April, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.17642/2022) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 1/12/2023 2:28:42 PM

Vijay

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 1/12/2023 2:28:42 PM