Madhya Pradesh High Court
Samrath Singh Tomar vs The State Of Madhya Pradesh on 13 October, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8107 of 2023
(SAMRATH SINGH TOMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 13-10-2023
Shri Nirmal Sharma, learned counsel for the appellants.
Shri Dheeraj Kumar Budholiya, learned PP for respondent/State.
Heard on I.A. No.11686/2023, which is first application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the
appellants.
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 appellants have been convicted and sentenced under Sections 395 of
IPC r/w Sections 11 and 13 of M.P.D.V.P.K. to undergo rigorous
imprisonment of ten years with fine of Rs.5000/- each with default stipulations.
Learned counsel for the appellants submits that the trial Court has
wrongly convicted the appellants without appreciating the evidence properly.
It is further submitted that (PW-2)/Suman has denied the identification of
t h e looted articles. 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 appellants were already shown to them before their
identification. The identification of the appellant is become unreliable in view of
the evidence of (PW-10)/Urmila who had denied having signed and preparation
of memo identification (Ex.P-4).
Further argument is that the appellant has already served six months of
incarceration out of total jail sentence. This appeal is likely to take long time to
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 13-10-2023
06:22:29 PM
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.11686/2023, is hereby
allowed. Subject to depositing fine amount, if not already deposited, and on
furnishing personal bond by each of the appellant 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
appellants shall remain suspended and they be released on bail. Appellants are
further directed to mark their appearance before the Office of this Court on
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.
(SUNITA YADAV)
JUDGE
shivani
Signature Not Verified
Signed by: SHIVANI SINGH
RAJPUT
Signing time: 13-10-2023
06:22:29 PM
