Golu Kewat vs The State Of Madhya Pradesh
2023 Latest Caselaw 704 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 10433 of 2022 (GOLU KEWAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 11-01-2023 Shri Hemant Singh Rana, learned counsel for the appellants.

Shri Avneesh Singh, learned Public Prosecutor for the State. Heard on I.A.No.17462/2022, which is an application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants.

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 appellants have been convicted and sentenced to undergo under Section 457 of IPC for 7 years' RI with fine of Rs. 1000/- each and under Section 380 of IPC for 7 years' RI with fine of Rs. 1000/- each 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 Sections 457,

380 was registered. During investigation appellants and other co-accused persons were apprehended. From the possession of accused Govind, silver and gold ornaments and motorcycle were seized. Appellants 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 appellants for the aforesaid offences. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 1/12/2023 2:28:42 PM

It is submitted by counsel for the appellants that the appellants were on bail during trial and they did not misuse the liberty granted to them. Fine amount has already been deposited by the appellants. Appeal is of the year 2022 which may take long time for its conclusion. During trial, appellants remained in custody for one month and thereafter since the date of judgment i.e. 9.11.2022 they are in custody. Under these circumstances, the execution of sentence be suspended and the appellants 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.17462/2022 is allowed.

It is therefore, directed that if appellants 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) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their 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 them shall remain suspended till further orders and they shall be released on bail.

Application (I.A. No.17462/2022) 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.

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

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

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