Shivnath @ Chhotu Shukla vs The State Of Madhya Pradesh
2023 Latest Caselaw 17120 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 7581 of 2023
                                        (SHIVNATH @ CHHOTU SHUKLA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-10-2023
                                 Shri Rajkumar Joshi, learned counsel for the appellant.

                                 Shri Dheeraj Kumar Budholiya, learned PP for the respondent/State.

Heard on I.A. No.12804/2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant- Shivnath@ Chotu.

This Criminal Appeal assails the judgment dated 31.05.2023 passed by

Special Judge (M.P.D.V.P.K. Act), District Bhind (M.P.) in SC. No.50/2014, whereby appellant has been convicted and under Section 376(3) of IPC and sentenced to undergo Twenty years R.I. with fine of Rs.5,000/ and under Section 363 of IPC sentenced to undergo three years R.I. with fine of Rs.1,000/- and Section 366 of IPC sentenced to undergo five years R.I. with fine of Rs.3,000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence properly. It is further submitted that (PW-2) Suman has denied identification the looted article.

Further argument is that (PW-5) and (PW-6) are the witnesses of memorandum and recovery and they have not supported the case of prosecution and turned hostile. The evidence of (PW-1) as well as (PW-4) indicate that the appellant was already shown to them before their identification. The identification of the appellant is become unreliable in view of the evidence of (PW-1) Urmila who had denied having signed and preparation of memo identification Ex.P-4. Further argument is that the appellant has already served almost 6 months of Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 13-10-2023 06:22:29 PM

incarceration out of total jail sentence. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Further argument is that looted article was not recovered from the possession of the present appellant has already served 1 year and 6 months of incarceration out of total jail sentence. This appeal is likely to take long 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.12804/2023, is hereby allowed. Subject to depositing fine amount, if not already deposited, and on furnishing personal bond by the appellant-Shivnath@Chotu in sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court o n 21.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for compliance.

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

Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 13-10-2023 06:22:29 PM

(SUNITA YADAV) JUDGE shivani

Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 13-10-2023 06:22:29 PM