Madhya Pradesh High Court

Ramesh Kewat vs The State Of Madhya Pradesh on 3 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                       CRA No. 4297 of 2024
                                              (RAMESH KEWAT Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-05-2024
                                  Mr. Sooraj Bhan Lodhi - Advocate for the appellant.

                                  Mr. K.S. Tomar - Public Prosecutor for respondent/State.

Heard on the question of admission;

This appeal appears to be arguable, hence, it is admitted for final hearing.

Record of the court below is already received.

Also heard on I.A. No. 6686 of 2024, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 10.02.2024 passed by Special Judge (M.P.D.V.P.K. Act), Shivpuri (M.P.) in SC DOCT No. 7/2020, whereby appellant has been convicted and sentenced under Sections 392 of IPC and Section 25(1-B)(A) of Arms Act to undergo maximum rigorous imprisonment of five Years with maximum fine of Rs. 3000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has erred in convicting the appellant. It is further argued that FIR is lodged against unknown persons and as per prosecution story, appellant has been identified by the complainant before Naib Tahsildar, however, PW/1 in his statement at para 7 clearly stated that before TIP, police saw the appellant at police station and at that time police informed complainant that this person who had committed the crime. Under these circumstance, TIP looses its significance. Appellant has

already suffered incarceration about 15 months out of total jail sentence i.e. five years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to 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. 6686 of 2024 is hereby allowed. Subject to depositing fine amount, if not already deposited, and on

furnishing personal bond by the appellant in sum of Rs.1,00,000/- (Rupees One Lac only) with a 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. Appellant is further directed to mark his appearance before the Office of this Court on 20.08.2024 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*)