Ashwini @ Suneel vs The State Of Madhya Pradesh
2023 Latest Caselaw 14623 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 9775 of 2023
                                       (ASHWINI @ SUNEEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-09-2023
                                 Mr. Harshvardhan Sharma, learned counsel for the Petitioner .

                                 Mr. Prabhat Pateriya - Dy. Public Prosecutor for respondent/ State.

Admit.

Heard on I.A. No.16338 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by appellant - Ashwini @ Suneel.

This Criminal Appeal assails the judgment dated 30.06.2023 passed by Special Judge (M.P.D.V.P.K. Act), Datia, (M.P.) in SST No.300001/2016, whereby appellant has been convicted and sentenced under Section 395 of IPC and Section 11/13 of M.P.D.V.P.K. Act to undergo rigorous imprisonment of seven years with fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available o n record. Appellant has not been identified in TIP by Santoshi/(PW/4) who was present at the time of incident. Further argument is that Alwel Singh/(PW/1) and Kamal

Singh/(PW/3) have not stated that six gold bangles were robbed or stolen from their house. Further argument is that the independent seizure witnesses Aashik Ali/(PW/9) and Lalta Prasad/(PW-10) have not supported the prosecution case in respect to seizure of six gold bangles from the present appellant. Further submission is that as per Kamal Singh/(PW/3), the memo of present appellant was prepared by Investigating Officer-Narendra Sharma/PW/8, however, PW/8 denied having prepared the seizure memo. In these circumstances, there is no Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/6/2023 9:55:35 AM

evidence to connect the present appellant with the crime. The appellant has already served incarceration of seven months out of total jail awarded. 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.16338 of 2023 is hereby

allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond 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. 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

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 9/6/2023 9:55:35 AM