Bhupendra Rajoriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 16048 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 10012 of 2023
                                     (BHUPENDRA RAJORIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-09-2023
                                 Shri Vikram Jatav- Advocate for the appellants.

                                 Shri Prabhakar Kushwaha- Panel Lawyer for respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. Learned counsel for appellant requests that the application with regard to appellant No.2 Dinesh Solanki may be treated as withdrawn and application with

reference to appellant No.1 Bhupendra Rajoriya may be heard.

Accordingly, IA No.16669 of 2023 so far as it relates to appellant No.2 Dinesh Solanki stands dismissed as withdrawn.

Appellant No.1 Bhupendra Rajoriya stands convicted under Sections 148, 397/149 of IPC read with Section 11/13 of MPDVPK Act and 395/149 of IPC read with Section 11/13 of MPDVPK Act and sentenced to undergo one year's RI with fine of Rs.500/-, Five years RI with fine of Rs.1000/- and Seven years RI with fine of Rs.1000/- respectively with default stipulations vide judgment of conviction and sentence dated 25.07.2023 passed by Special

Judge, (Dacoity) Bhind, in SC (DOCT) 60 of 2014.

Learned counsel for appellant submits that the impugned judgment passed by learned Trial Court is based on assumption, conjecture and surmises. The learned Trial Court has committed an error in convicting and sentencing the present appellant without appreciating the prosecution evidence properly. Learned counsel referring to evidence of eye witnesses on record submits that none of the witnesses have identified appellants in the Court. Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 27/09/2023 6:06:01 PM

Vishambhar Dayal (PW2) has identified only co-accused Pradeep Kumar during Court identification. He has stated that he could not see other accused persons. Learned counsel contends that the trial Court has committed grave error in law in convicting appellants/accused merely on the basis of evidence relating to TIP which is not substantive evidence. Learned trial court has failed to appreciate the fact that no recovery of incriminating article connecting accused with the alleged offence has been proved. There are material contractions and omissions in the evidence of witnesses. The appellant was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the appellant. There is no likelihood of hearing of appeal in near

future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Counsel for respondent- State opposes the application and prays for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant No.1 Bhupendra Rajoriya only shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for his appearance before the Registry of this Court on 28.11.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.16669 of 2023 stands allowed and disposed of. Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 27/09/2023 6:06:01 PM

List the matter for final hearing in due course. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Rks/Avi

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 27/09/2023 6:06:01 PM