Madhya Pradesh High Court
Dinesh Kumar @ Sonu Raikwar vs The State Of Madhya Pradesh on 11 June, 2024
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1 CRA-3110-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3110 of 2024
(DINESH KUMAR @ SONU RAIKWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 11-06-2024
Shri B K Rajak- Advocate for the appellant.
Ms. N Lodhi- Panel Lawyer for the State.
Shri Vivek Ahirwar, counsel for the objector.
Heard on I.A. No.6044/2024, First application under Section 389 (1) of
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the
appellant.
This appeal under Section 374(2) of Cr.P.C. has been preferred against
the judgment dated 19.1.2024 passed by Fifteenth Additional Sessions Judge,
Jabalpur in S.T. No.600349/2012, whereby the appellant has been convicted
under Section 394 of IPC and sentenced to undergo R.I. for 7 years with fine
of Rs.5000/- with default stipulation.
Allegations against the appellant, in short, is that the complainant lodged
the report before the respondent alleging that he was coming on 18.3.2012 from
Rewa to Jabalpur by bus and when he reached at Jabalpur main bus stand, on
19.3.2012, at about 3.30 am, he called for an auto. It is further alleged that there
were also some other boys, who were there in the auto. The accused persons
tried to snatch the bag of the complainant. Thereafter, the accused persons beat
the complainant and in around, Rs.65400/- were stolen with other important
documents and articles. On the basis of aforesaid complaint a crime has been
registered against the appellant under the aforementioned offences. Appellant
was arrested and after investigation, charge-sheet was submitted. Thereafter,
trial was conducted and appellant was convicted.
2 CRA-3110-2024
Learned counsel for the appellant submits that appellant is aged 36 years
a n d has been falsely implicated in this case. Appellant has been wrongly
convicted by the learned trial Court. The jail sentence of the appellant was
already suspended by the trial court and he had not misused the liberty granted
to him. Appellant were the permanent resident of District- Jabalpur (M.P.) and
there are fair chances of success of this appeal. The appeal is of the year 2024
which may take long time for its conclusion and the appellant cannot be kept in
custody for an unlimited period. Under these circumstances, the execution of
sentence be suspended and the appellant be released on bail.
On the other hand, learned Public Prosecutor appearing on behalf of the
respondent/State opposed the bail application and prayed for rejection of this
application.
Keeping in view of the aforesaid submissions of learned counsel for the
parties and the fact that an early hearing of this case is not possible, I.A.
No.6044/2024 is allowed.
I t is, therefore, directed that if appellant shall deposit the entire fine
amount, if not already deposited, and furnish personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the
like amount to the satisfaction of trial Court for his appearance before the
Registry of this Court on 09.09.2024 and on such subsequent dates as may be
fixed in this regard, sentence of imprisonment awarded to them, shall remain
suspended till further orders and appellant shall be released on bail.
I.A. No.6044/2024 is allowed and disposed of.
A copy of this order be sent to the trial Court concerned for necessary
compliance.
Certified copy as per rules/directions.
3 CRA-3110-2024
(MILIND RAMESH PHADKE)
V. JUDGE
Hashmi
