Manoj Pal vs The State Of Madhya Pradesh
2023 Latest Caselaw 4026 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 722 of 2023 (MANOJ PAL Vs THE STATE OF MADHYA PRADESH)

Dated : 14-03-2023 Shri Murari Lal Yadav, learned counsel for appellant.

Shri B.M. Shrivastava, learned Public Prosecutor for State. Heard on I.A.No.3593/2023, first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant-Manoj Pal.

Vide judgment dated 07.11.2022 passed by learned Special Judge

(Dacoiti) Gohad District Bhind (M.P.) in SC DOCT/05/2016, the appellant has been convicted for the offence punishable under Section 394/34 of IPC and sentenced him to undergo 10 years RI with fine of Rs.2000/- and under Section 11/13 MPDVPK Act and sentenced him to undergo 3 years RI with fine of Rs.2000/- with default stipulation.

In brief the case of the prosecution is that on 9.11.2015 at 07.45 PM complainant Janak Singh was going to village Lehchura on his Hero Honda Motorcycle No. HF Deluxe No. MP07-MS-5361. When he reached at Milkos Factory, four persons stopped him, out of which three have covered their

faces. They assaulted him with fists and kicks and had taken his mobile and Rs.1000/-. They have also looted his motorcycle. On his report, a crime under the aforesaid offences bearing Crime No.184/2015 was registered. During investigation, appellant Manoj Pal was apprehended. During identification parade, the complainant identified the appellant. But during trial, the complainant Janak Singh (PW-9) in his cross-examination has stated as under:-

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It is submitted by learned counsel for the appellant that during trial appellant remained in custody from 05.02.2016 to 22.04.2016 and from 10.02.2022 to 07.11.2022 and thereafter since the date of judgment i.e. 07.11.2022, appellant is in custody. The fine amount has already been

deposited. The appeal is of the year 2023. Learned counsel for the appellant further submits that hearing of this appeal shall take considerably long time. Under these circumstances, he prayed to suspend the jail sentence of the appellant and grant bail.

Heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case and the fact that appeal is of the year 2023 and the final outcome of appeal will take time, without commenting upon merits of the case, I.A.No.3593/2023 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that the amount of fine has been deposited, on appellant 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 4th September, 2023 and thereafter on such further dates as may be fixed by the office of this Court in this regard till disposal of the appeal.

C.c. as per rules.

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/14/2023 6:49:30 PM

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/14/2023 6:49:30 PM