Madhya Pradesh High Court

Sachin Katare vs The State Of Madhya Pradesh on 7 May, 2024

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 11731 of 2023 (SACHIN KATARE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 07-05-2024 Mr. Anand Singh Thakur - Advocate for appellants.

Mr. Alok Nayak - Panel Lawyer for State.

Heard on admission.

Admit.

Learned counsel for the appellants prays for withdrawal of I.A. No.5419

of 2024.

Prayer allowed.

Accordingly, I.A. No.5419 of 2024 stands dismissed as withdrawn. Further heard on I.A. No.10581 of 2024, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellants.

Appellants being aggrieved by the impugned judgment dated 21.07.2022 passed in S.T. No.52/2022 by First Additional Sessions Judge to Third Additional Judge Bhopal, District-Bhopal (M.P.) whereby appellants have been

convicted under Section 392 read with 34 of the Indian Penal Code and sentenced to suffer R.I. for 4 years each with fine of Rs.2,000/- each with default stipulations.

Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in the crime in question. It is submitted that P.W-2 Ankit Pandole has got the mobile on supurdagi from the Court but he has not produced the mobile before the Court and the mobile has not been exhibited in evidence. He also submitted that TIP has been conducted

after three months of the incident. On the same set of evidence, two co-accused persons namely Vivek @ Vicky and Narayan Kewat @ Pandit have been acquitted by the leaned trial Court but the present appellants have been convicted by the trial Court. Appellants were on bail during trial and they have not misused the liberty of bail granted to them. The Trial Court has not properly appreciated the oral and documentary evidence available on record. Fine amount has already been deposited by the appellants. The final disposal of this appeal would take considerable time. Under such circumstances, application of appellants for suspension of sentence and grant of bail may be considered.

Learned counsel for State vehemently opposed the prayer for suspension

of sentence.

Looking to the facts and circumstances of the case, I find it to be a fit case to suspend the jail sentence of appellant and to release him on bail, therefore, without commenting on the merits of the case, the application of appellant is allowed.

Accordingly, IA No.10581 of 2024 stands allowed and it is directed that the jail sentence of appellants shall remain suspended and they be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellants are directed to appear before the trial Court first on 22.11.2024 and on other subsequent dates as may be fixed in this behalf.

Certified copy as per rules.

List for final hearing in due course.

(PRAMOD KUMAR AGRAWAL)

JUDGE julie