Madhya Pradesh High Court
Abhisek vs The State Of Madhya Pradesh on 1 October, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1 CRA-15090-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 15090 of 2023
(ABHISEK AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 01-10-2024
Shri Abhinav Shrivastava, counsel for the appellant No.2
Pradyum.
Shri A.R.Ben, Dy. G.A. for respondent/State.
Heard on I.A. No.20425/2024, which is second application under
Section 430 of BNSS,2023 filed on behalf of the appellant No.2-
Pradyum for suspension of sentence and grant of bail.
His first application under section 389(1) of Cr.P.C was dismissed
as withdrawn vide order dated 16.04.2024.
Appellant alongwith other co-accused persons has been convicted for
commission of offence under Sections 392 of IPC and has been
sentenced to undergo R.I for five years and fine of Rs.10,000/- with
default stipulation, vide judgment dated 30.11.2023, passed in
S.T.No.138/2021 (State of M.P. Vs. Abhishek and others) by Sessions
Judge, District Khandwa (M.P.).
Learned counsel appearing on behalf of appellant has submitted that
appellant has been erroneously convicted by the learned trial court as it
has not considered the fact that none of the witnesses identified the
appellant as author of the crime. Despite that, appellant has been
convicted only on the basis of recovery of some part of gold chain which
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was not seized from his possession and on the basis of location of some
mobile phone near Omkareshwar. It is contended that there is no legal
and admissible evidence against the appellant. Appellant has been
convicted only on the basis of conjectures and surmises. Therefore, he
has fair chances to succeed in appeal. It is further contended that
appellant has undergone almost one year sentence so far and maximum
sentence awarded is five years. This is new appeal of the year 2023 and
there is no possibility of hearing of this appeal in near future. Therefore,
if execution of jail sentence is not suspended, the purpose of filing of
this appeal would become futile.
On the other hand, learned counsel for the State has opposed the
prayer for suspension of sentence of the appellant.
I have gone through the findings recorded by the learned Sessions
Judge and the material on record. Appellant has already undergone
almost one year incarceration. There is bleak possibility of hearing of
this appeal in near future. Therefore, I am inclined to suspended the
execution of jail sentence of the appellant No.2 Pradyum.
Considering the aforesaid, without expressing any opinion on the
merits of the case, I.A. No.20425/2024 is allowed. The execution of jail
sentence of appellant No.2 -Pradyum is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that
the appellant be released on bail on his furnishing a personal bond to a
sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent
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surety in the like amount to the satisfaction of the trial Court with a
further direction to appear before the trial Court on 16.12.2024 and also
on such other dates, as may be fixed by that Court in this regard during
the pendency of this appeal.
List the case for final hearing in due course.
(DINESH KUMAR PALIWAL)
JUDGE
MKL
