Vikash @ Vinay vs The State Of Madhya Pradesh
2023 Latest Caselaw 7233 MP

                                      1

          IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                              CRA-12311-2022
          (VINAY SINGH & ANOTHER Vs . STATE OF MADHYA PRADESH)

DATED:- 03-05-2023

      Shri B.S. GAUR- Advocate for the appellant.
      Shri Pramod Pachauri - Public Prosecutor for the respondent/State.

Heard on I.A. No.7904/2023, an application under Section 389 (1) of

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

appellant No.2- Nandram Baghel.

This appeal has been preferred against the judgment dated 02/12/2022

passed by Special Judge (MPDVPK Act), District- Bhind (M.P.) in SC

DOCT/48/2013, whereby the appellant has been convicted and sentenced as

under:-

              Sections               Sentence     Fine (Rs.)      Default
                                                                Stipulation
 395 read with Section 397 of IPC   10 Years RI     5000/-     3 Months RI
   read with Sections 11/13 of
          MPDVPK Act

As per the prosecution case, on 08/02/2013, the complainant

-Rajendra Sharma lodged an FIR against unknown persons that when he was

returning back to his house and as soon as he reached near circuit house, 3-4

unknown persons came there and caught hold of him and snatched his two

mobile phones and cash of Rs.27,970/- from his possession on the gun point.

On the basis of aforesaid, crime has been registered. Thereafter, appellant

was arrested and after investigation charge-sheet was submitted.

Learned counsel for the appellant submits that appellant is aged about

52 years and he has been falsely implicated in this case. He is not concerned

with the case directly or indirectly. The appellant has been wrongly

convicted by the learned trial Court. The appellant was on bail during trial

and he has not misused the liberty granted to him. The appellant is the

permanent resident of District- Bhind (M.P.) and there are fair chances of

success of this appeal and the appeal may take long time for its conclusion

and the appellant cannot be kept in custody for an unlimited period. Under

these circumstances, the execution of sentence be suspended and the

appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of

the respondent/State opposed the application and prayed for rejection of this

application.

Keeping in view of the aforesaid submissions of learned counsel for

the parties and the fact that an early hearing of this case is not possible, I.A.

No.7904/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine

amount, if not already deposited, and furnishes a personal bond in the sum of

Rs.25,000/-(Rupees Twenty Five Thousand Only) to the satisfaction of

trial Court for his appearance before the Registry of this Court on 20th of

October, 2023 and on such subsequent dates as may be fixed in this regard,

sentence of imprisonment awarded to him, shall remain suspended till further

orders and he shall be released on bail.

IA No.7904/2023 stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

rahul SINGH 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab6 76d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00 D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED91

PARIHAR 0FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.05.04 17:44:49 +05'30'