Niyarsingh @ Nyar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7043 MP

                                                                 1
                                          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 : 01-05-2023


                                 Ms Sharmila Sharma, counsel for the appellant.
                                 Shri Vishal Panwar, GA. for State.

                                 Heard on I.A.No. 5453/2023 which is second application under section 389

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

                          No2-Kamlesh. The earlier application was dismissed as withdrawn.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 complainant Motilal had not

                          identified the appellant No.2 and he had named only 3 accused persons Niar

                          Singh, Chhagan and Keram. It is further submitted that appellant No2 was on bail

                          during the trial and did not misuse the liberty.       There is no likelihood of early

                          hearing of Appeal in near future. 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 one purse was seized from the possession of appellant has been

identified by the complainant.

Counsel for the appellant has referred to the statement of Tahsildar (PW-6)

that he stated that the other purses which were mixed with the purse of

complainant was not of specific company or colour. Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 02-May-23 10:34:25 AM

After hearing learned counsel for parties and taking into consideration that

complainant had not named the present appellant and he had also not caused any

injury to the complainant, he was on bail during trial and appeal 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.5453/2023 is allowed and

jail sentence of the appellant No.2-Kamlesh shall remain suspended.

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

deposited, the appellant 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 14.08.2023 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. 5454/2023 for early hearing also stands disposed of.

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 02-May-23 10:34:25 AM