Madhya Pradesh High Court
Lalchand Gupta vs The State Of Madhya Pradesh on 21 November, 2023
Author: Anuradha Shukla
Bench: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11430 of 2023
(LALCHAND GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 21-11-2023
Shri Ajeet Singh Thakur - Advocate for the appellants.
Shri Raghuvar Prajapati - Panel Lawyer for the State.
Reserved on : 06.11.2023
Pronounced on : 21.11.2023
Arguments of both the counsel for the parties are heard at length.
Judgment and record of the Court below perused.
ORDER
Heard on admission.
The appeal being arguable is admitted for hearing.
Also heard on I.A No.21529/2023, which is first application under
Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved
on behalf of appellants. Appellant no.1 has been convicted for the offences
punishable under Sections 451 and 380 of IPC and sentenced to undergo R.I.
for 2 years and R.I. for 3 years with fine of Rs.2,000/- and Rs.3,000/-,
respectively, with default stipulations. Appellant no.2 has been convicted for the
offences punishable under Sections 451/34 and 380/34 of IPC and sentenced to
undergo R.I. for 2 years and R.I. for 3 years with fine of Rs.2,000/- and
Rs.3,000/-, respectively, with default stipulations.
Learned counsel for the appellants submits that the appellants are
innocent and have falsely been implicated in the matter. He also submits that the
trial Court has not properly appreciated the oral and documentary evidence
available on record and committed error in convicting the appellants for
aforesaid offences. The appellants are in custody and the appeal would take
considerable time to conclude. They are ready to furnish adequate surety and
shall abide by the directions and conditions, which may be imposed by this
Court. Hence, it is prayed that the application for suspension of sentence may
be considered.
On the other hand, learned counsel for the State has opposed the
application and prayed for its rejection.
Heard learned counsel for the parties and perused the record.
Arguments on application for suspension of sentence, marked as I.A.
No.21529/2023, have been heard. In this application, it is claimed that the
appellants were on bail till 11.10.2023 but the order-sheet of trial court
submitted by the counsel for appellants discloses that the appellants were taken
into custody on 20.9.2023 and are currently in custody. This application has
been argued on the ground that there have been serious contradictions in the
prosecution story regarding the arrest and the seizure of items allegedly stolen.
On perusal of judgment, it is clear that the trial court did not believe the
statements of Investigating Officer regarding the arrest and seizure. The
prosecution story is consistent on the point that no sooner the appellant no.1
Lalchand Gupta snatched the jewellery from the complainant and tried to run
away along with co-appellant, he was followed by the complainant and other
persons present in the locality and both the appellants were nabbed by them
along with the snatched jewellery. It appears that to take the credit of solving the
crime, the Investigating Officer made a false claim of arresting the appellants
from another place and of seizing the snatched jewellery from them. The learned
trial court did not believe this fabricated story and relied upon the testimony of
prosecution witnesses regarding nabbing the appellants on spot along with
jewellery.
Although it was claimed by the appellants that a false story was made out
while the appellant Lalchand had come to the shop of complainant only to
return the spoon which was sold to him by claiming that it was made of silver
metal but it has been rightly observed by the trial court that to support this
defence, no document regarding the purchase of spoon was submitted by the
appellants.
Taking into consideration the facts established through reliable evidence,
this court finds prima facie no reason to suspend the sentence passed against
the appellants.
The application is accordingly dismissed.
List this case for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
ps
Date: 2023.11.22 13:09:57 +05'30'
