Akash @ Vicky Deshwade @ (Vanskar) vs The State Of Madhya Pradesh
2023 Latest Caselaw 4111 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 6482 of 2022 (AKASH @ VICKY DESHWADE @ (VANSKAR) Vs THE STATE OF MADHYA PRADESH)

Dated : 15-03-2023 Shri Rohit Pegwar- counsel for the appellant.

Shri Y.D.Yadav- Government Advocate for the State.

Considered I.A.No.14184/2022, which is first application under section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-Akash @ Vicky.

By the impugned judgment dated 17.5.2022 passed by the Sessions Judge, Chhindwara in S.T.No.48/2021 the appellant has been convicted for offence under section 394 of IPC and sentenced to undergo R.I. for seven years with fine of Rs.1000/- with default stipulation.

As per allegations against the appellant he has snatched one golden 'Mangalsutra' and mobile from one Radhabai and also caused simple injuries to her.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not

properly appreciated the oral and documentary evidence available on record. The appellant is in custody since the date of judgment. The appellant was on bail during trial. The appellant is first offender. The final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of appellant.

Learned Government Advocate has opposed the prayer for suspension Signature Not Verified SAN

of sentence.

Digitally signed by RAJESH MAMTANI Date: 2023.03.15 19:30:25 IST

Perused the criminal record of the appellant, he is first offender to

commit offence under section 394 of IPC.

Considered the over all facts and circumstances of the case; nature of allegations; period of custody from 20.2.2021 to 17.55.2022 and from the date of judgment till date; he is first offender to commit offence under section 394 of IPC; and final disposal of appeal would take considerable, without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Akash @ Vicky

Deshwade shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 16.8.2023 and on such other dates as may be fixed in this regard during pendency of this appeal, without fail.

It is made clear if the appellant again involves in similar kind of offence, this order shall immediately become ineffective.

List this case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.15 19:30:25 IST