Satendra @ Rinku Sikarwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17933 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 11284 of 2023
                                        (SATENDRA @ RINKU SIKARWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2023
                                  Shri Vivek Kumar Mishra - Advocate for the appellant.

                                  Shri Dheeraj Budholiya- Panel Lawyer for the respondent - State.

Admit.

Heard on I.A.No.16294 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 - Satendra @ Rinku Sikarwar.

This Criminal Appeal assails the judgment dated 18.08.2023 passed by Sessions Judge, Sheopur, District Sheopur (M.P.) in ST No.85/2020 whereby, appellant has been convicted and sentenced under Section 304(Part-II) of IPC to undergo rigorous imprisonment of seven years with fine of Rs.5,000/- 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 trial Court has ignored to consider that allegedly the incident occurred on 23.08.2020, however, no FIR was lodged on the same day

and Dehati Nalishi was registered on 25.08.2020 in which vehicle number was not mentioned. As per prosecution story, the witnesses have identified the vehicle at the time when (PW-12) Mahendra Singh Sikarwar was checking the vehicles, however, (PW-12) who was checking the vehicle has not corroborated the fact that during his vehicle checking, the vehicle involved was identified, therefore, the statement of Investigating Officer (PW-9) becomes doubtful that vehicle was identified during the course of checking by (PW-12) Mahendra Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 28-10-2023 11:26:38 AM

Singh Sikarwar. It is further submitted that the appellant has already served incarceration of almost four months out of total jail sentence awarded to him. The present criminal appeal is likely to take 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.16294 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 20.12.2023 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: 28-10-2023 11:26:38 AM