Uttu Alias Pankaj Tiwari vs The State Of Madhya Pradesh
2024 Latest Caselaw 16034 MP

Madhya Pradesh High Court

Uttu Alias Pankaj Tiwari vs The State Of Madhya Pradesh on 29 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3972 of 2017 (UTTU ALIAS PANKAJ TIWARI Vs THE STATE OF MADHYA PRADESH)

Dated : 29-05-2024 Shri Arjun Bajpai, learned counsel for the appellant.

Shri Aditya Choubey, GA for the State.

Heard on I.A. No. 6768/2024 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Uttu @ Pankaj Tiwari arising out of judgment dated 31.08.2017 delivered in S.C. No.11/2015 by Special Judge, Panna, District Panna.

The appellant has been convicted and sentenced for the offence punishable under Section 148 of IPC and sentenced to undergo RI For one year and with fine of Rs.2000/-, under Section 396 IPC read with section 11 of Dakaiti aur Vyapharan Prabhavit Kshetra Adhiniyan and has been sentenced to under go RI for life with fine of Rs.5000/-, under Section 309 read with section 149 of IPC and has been sentenced to undergo RI for 7 years with fine of Rs.2000/-, under Section 325 read with section 149 of IPC (three counts) and has been sentenced to undergo RI for three years with fine of Rs.2000/- and under Section 323 read with section 149 of IPC and has been sentenced to

undergo RI for six months with default stipulation.

By taking this Court to the prosecution story, learned counsel for the appellant submits that common and general allegations have been made against all the accused persons. In the present case there are in all nine accused persons, out of them, except present appellant, all eight accused persons have already been granted the benefit of suspension of sentence and grant of bail. He further submits that the present appellant was armed with Lathi and other co-

accused persons namely Bhaiya @ Shashi Kishore and Jagdish were also armed with Lathi, who have already been enlarged on bail by this Court vide order dated 22.02.2024 passed in IA No.28863/2023 and vide order dated 22.02.2024 passed in IA No.28724/2023. Learned counsel for the appellant submits that appellant Uttu @ Pankaj Tiwari is in custody for more than 8 years and 9 months and there is no specific allegation against this appellant about causing deadly injuries to the deceased. Therefore, it has been prayed that the jail sentence of the appellant be suspended and he be released on bail.

With the support of written objection, learned counsel for the State has opposed the prayer for suspension of sentence and grant of bail. However, he

does not dispute the factum of custody of appellant Uttu @ Panjak Tiwari.

Considering the aforesaid factual backdrop coupled with the fact that final hearing of this appeal is not possible in near future, without expressing any conclusive opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No. 6768/2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant - Uttu @ Pankaj Tiwari be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court Panna o n 23th September, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

                               List for final hearing in due course







                           (DWARKA DHISH BANSAL)       (ACHAL KUMAR PALIWAL)
                                  JUDGE                        JUDGE
                         Hashmi