Raju Basedia vs The State Of Madhya Pradesh
2023 Latest Caselaw 90 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                               CRA No. 10563 of 2022
                                       (RAJU BASEDIA Vs THE STATE OF MADHYA PRADESH)

               Dated : 02-01-2023
                           Shri Anmol Khedkar, learned counsel for the appellant.

                           Ms. Abha Mishra, learned Public Prosecutor for the respondent/State.

Heard on IA.No.17682/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Raju Basedia

I n brief prosecution case is that on 29.4.2014 complainant Vijaysingh Rawat lodged a report at police Station Pahadgarh that on 28.4.2014 he along with his daughter-in-law Aneeta went to Vijaypur from village Mevda on motorcycle. As soon as he reached near Piproniya culvert, two persons came on motorcycle from behind and stopped their motorcycle in front of his motorcycle. At that juncture, two more accused persons came on motorcycle and one of them caught hold of his collar and the other snatched his mobile of carbon company. They also snatched Mangalsutra, purse, tops and Todiya from his daughter-in-law. Thereafter, they fled away by taking his motorcycle.

On his report, offence was registered. During investigation, after two months Mangalsutra was seized from co-accused Prithvi. In TIP, appellant and co- accused were identified. Appellant and co-accused were arrested. After completion of investigation, charge-sheet has been submitted. After trial, appellant has been convicted under Section 392 of IPC read with Section 11,13 of the MPDVPK Act and sentenced to 5 years RI with fine of Rs.1,000/- with Signature Not Verified default stipulation.

Signed by: MADHU SOODAN PRASAD Signing time: 03-01-2023 10:00:30 AM I t is submitted by learned counsel for the appellant that during trial

appellant was on bail, but he did not misuse the liberty so granted. During trial, he remained in custody for 108 days and thereafter from the date of judgment i.e. 3.11.2022 he is in custody. Final hearing of the appeal will take time and appellant has a good case on merit. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.17682/2022 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to

verification that amount of fine has been deposited, on appellant's furnishing bail bond 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 24th April, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 03-01-2023 10:00:30 AM