Niyarsingh @ Nyar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8965 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                           CRA No. 105 of 2022
                                          (NIYARSINGH @ NYAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-06-2023
                                  Ms Sharmila Sharma, counsel for the appellant.

                                  Shri Tarun Pagare, GA. for State.

                                    Heard on I.A.No. 8449/2023 which is 3rd application under section 389

                           Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant

                           No.4-Rakesh. The earlier applications were dismissed as withdrawn.

                                 Appellant has been convicted and sentenced by judgment dated 23.12.2021

                           passed by ASJ Jobat district Alirajpur in S.T.No 38/2018 under section 395 and

                           397 IPC and sentenced to undergo 7 years RI with fine of Rs.2000/- with default

                           stipulation.

                                      Learned counsel for the appellant submits that one of the co-convict

                           appellant No. 2 Kamlesh has been granted suspension of jail sentence by order

                           dated 01.05.2023 and claims parity with him.

                                 Counsel for the appellant further submits that complainant Motilal had not

                           identified the present appellant. He had identified only 3 persons Niar Singh,

                           Chhagan and Keram. Hence,             it is prayed that application for suspension of

                           sentence be allowed.

                                  Learned Panel Lawyer for the respondent/State opposes the prayer on the

ground that there is seizure of pan card and motorcycle from the present appellant.

The motorcycle is said to be belonging to the appellant himself.

After hearing learned counsel for parties and taking into consideration that

the complainant had not been identified the appellant and only pan card is said to

be recovered from him, similarly placed co-convict Kamlesh has already been

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 16-06-2023 17:57:25

granted suspension of jail sentence, the appellant was on bail during trial and did

not misuse the liberty, this Court is of the considered view that it is a fit case for

suspension of the sentence and grant of bail to the appellant. Hence, without

expressing any opinion on merits of the matter I.A.No. 8449/2023 is allowed and

jail sentence of the appellant No. 4-Rakesh shall remain suspended.

It is directed that subject to depositing the fine amount, if already not

deposited, the appellant Rakesh shall be released on bail, on furnishing a personal

bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) alongwith a solvent

surety in the like amount to the satisfaction of Trial Court, for his appearance

before the Registry of this Court firstly on 12.09.2023 and on such other dates, as

may be fixed by the Registry in this regard, till final disposal of this revision.

Accordingly I.A.no. 8451/2023 for early hearing also stands disposed of.

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 16-06-2023 17:57:25