Surendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 17588 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 7847 of 2023
                                                (SURENDRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                 Shri Rahul Bansal - Advocate for the appellant.

                                 Ms. Abha Mishra - Public Prosecutor for respondent/ State.

Admit.

Heard on I.A.No.12981 of 2023, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail moved by sole appellant.

This Criminal Appeal assails the judgment dated 10.06.2023 passed by Special Judge (M.P.D.V.P.K. Act), District Bhind (M.P.) in ST No.26/207 (Dacoity) whereby, appellant has been convicted and sentenced under Section 394/34 of IPC r/w. Section 13 of M.P.D.V.P.K. Act to undergo rigorous imprisonment of five years with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. It is further argued that the appellant got arrested on the place of incident on 05.07.2017 which is in contradiction with memo of arrest Exh.P/4 according to

which, the appellant was arrrested on 08.07.2017. Further submission is that the FIR was lodged on 06.07.2017, however, the name of present appellant is not disclosed in FIR which is not possible if he arrested on 05.07.2017 then his name would have been in the FIR. Further submission is that stolen property was seized in another crime, therefore, former seizure was made in this case. It is further submitted that the appellant has already served incarceration of six months out of total jail awarded. The present criminal appeal is likely to take Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 19-10-2023 04:34:14 PM

long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the 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.12981 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.100,000/- (Rupees One Lakh 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. He is further directed to mark his appearance before the Office of this Court o n 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

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 19-10-2023 04:34:14 PM