Rinku @ Rinkoli vs The State Of Madhya Pradesh
2023 Latest Caselaw 16281 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 6352 of 2023
                                       (RINKU @ RINKOLI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 04-10-2023
                                 Mr. Arun Kumar Paterya - Advocate for the appellants.

                                 Mr. Rajendra Singh Yadav - Public Prosecutor for respondent/ State.

Heard on I.A. No. 11010 of 2023, which is second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant no.1 - Rinku @ Rinkoli and appellant No.2-Kallu @ Yogesh.

This Criminal Appeal assails the judgment dated 21.03.2023 passed by

Special Judge (M.P.D.V.P.K. Act), District Shivpuri (M.P.) in SC. No. 400043/2013, whereby appellants no.1 and 2 have been convicted and sentenced under Sections 395 of IPC read with Sec. 11/13 of MPDVPK Act to undergo maximum rigorous imprisonment of five years with maximum fine of Rs.2,000/- each with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available on record. As per prosecution witness at the time of decoity the decoits entered the house of the complainant with their faces covered, therefore, their

identification become doubtful during Test Identification Parade. Out of four witnesses only one witness identified the appellants. Further submission is that looted article has not been seized from the possession of appellants. It is further argued that there are material omissions and contradictions in the statement of the prosecution witnesses. Further argument is that the appellant nos.1 and 2, have served about 11 months and 10 months respectively of incarceration out o f total awarded jail sentence of five years. This appeal is likely to take long Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/5/2023 10:41:38 AM

time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No. 11010 of 2023 is hereby allowed. Subject to depositing fine amount, if not already deposited, and on furnishing personal bond by the appellants No. 1 and 2 in sum of Rs.

1,000,00/- (Rupees One Lac only) each with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant no.1 and 2 shall remain suspended and they be released on bail. Appellants are further directed to mark their appearance before the Office of this Court on 12.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/5/2023 10:41:38 AM