Madhya Pradesh High Court
Vicky @ Aman Tiwari vs The State Of Madhya Pradesh on 30 January, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-5581-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5581 of 2024
(VICKY @ AMAN TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 30-01-2025
Shri Vikash Sharma and Shri Deepak Sahu - Advocates for the
appellants.
Shri Gitesh Singh Thakur - Government Advocate for the State of
M.P.
Learned Government Counsel submits that written objection is filed.
Heard on I.A. No.11005 of 2024 first application under Section 389(1)
of the Cr.P.C 1973 for suspension of remaining sentence and grant of bail to
the appellant nos.1 Vicky @ Aman Tiwari and appellant no.2- Parteek @
Bittu arising out of judgment dated 18th April 2024 delivered in S.T. No. 14
of 2022 by Additional Sessions Judge, Sausar, district Chhindwara.
The appellant no.1 and 2 have been convicted and sentenced for the
offence punishable under Section 120-B of IPC (for criminal conspiracy of
Dacoity) to undergo R.I. for ten years with fine of Rs.1000/-, under Section
395 of IPC to undergo Life Imprisonment with fine of Rs.3000/ and under
Section 307 r/w Section 149 of IPC to under R.I. for ten years (each) with
fine of Rs.1000/- with default stipulation.
As per prosecution story the allegation of loot and dacoity has been
levelled against both the appellants.
Learned counsel for the appellants submits that prosecution has
examined as many as 21 witnesses and recorded their statements. There are
2 CRA-5581-2024
material contradiction in their statements. It is further submitted that the
appellants have been falsely implicated in the case due to old rivalry
therefore, prays for suspension of remaining jail sentence and grant of bail.
On the other hand, after filing the written objection, learned counsel
for the State justifies the conviction and prayed for rejection of suspension
application.
As per prosecution story, on 9.4.2022, PW-1 Chandra Shekhar from
Nandani Hospital, Pagara, Nagpur lodged an FIR aginst two unknown
persons by lodging Dehati Nalishi (Ex.P-1), in which it was stated that they
have General Store and doing the business of gold and silver ornaments and
travelling everyday from Lodhikheda to Kherinayegaon.
On 8.4.2022 at 9.30 in the evening when they were coming back after
doing their business with an amount of Rs.1,20,000/- and gold and silver
ornaments, persons sitting on two motorcycles came from their behind and
after overtaking they demanded the bag in which Rs.1,20,000/- and jewelry
were kept. The bag was handed over to them. At that time, brother of the
complainant, Krishna Yerpude shouted for help to Rakesh Yadav then the
person who had looted the bag fired a katta gun shot which hit the hand of
Krishna Yerpude he fell down from the motorcycle gun short was again
fired which hit the stomach of Krishna. Both the accused thereafter ran
away because of dark in the night the complainant could not see how many
persons were there. They had covered their face with Gamchha. Injured was
taken to hospital.
The Police on the basis of Dehati Nalishi investigated the matter and
3 CRA-5581-2024
seized the palates from the spot and sent them for chemical examination to
FSL lab. Arms were seized and some ornaments of yellow colour like gold
were seized and from accused - Shubham, Rs.33,000/- were seized from
accused Shivam Shukla. Fire arms, jewelry and Rs.10,000/- were seized
from the accused Ajmat @ Chotu, Aman @ Vicky and Prateek. Similarly
cut parts of motorcycle were accused from the accused Namdeo and Hero
Honda MH 49 AN 5674 was seized from the accused - Ajay. Identification
parade for ornaments were conducted after completing the remaining
investigation charge sheet was filed.
Ex. P-101 is the report from the State F.S.L., Sagar in which it has
been opinioned that on shirt C-2 blacking and gun powder marks were not
found as fire must have been made from a distance of more than 4 feet.
Chandra Shekhar (PW-1) in examination in chief in the court has
stated that he could identify the accused Prateek due to fact that when the
Police had caught him then he had seen the accused he also stated that he had
seen the accused at the place of incident also.
Krishna Yerpude (PW-2) in examination-in-chief in Para-1 has stated
that he could not identify the accused because accused were covering their
face with cloth.
Purnima Bhagat (PW-14), Tahsildar has conducted the identification
para of the ornaments. She has stated that on 16.7.2022, the Police of P.S.
Lodhikheda had brought sealed ornaments to her. She did not issue a letter
to Neelkanth Udapure for the jewelry of gold and silver type. She did not
issue any receipt for the same neither obtained any receipt. She did not issue
4 CRA-5581-2024
any notice to witness Neelkanth and Chandra Shekhar for identification.
This notice was given by the Police Incharge. In para-10 of cross -
examination, she admitted that as per Ex.P-10 she was did not mention the
jewelry with hall mark. In para -11 she also admitted that no independent
witnesses were called but witnesses were her subordinate staff.
Considering the aforesaid factual backdrop and bleak chances of final
hearing in near future, without expressing any conclusive opinion on the
merits of the case, we deem it proper to suspend the remaining jail sentence
of both the appellants.
Accordingly, I.A. No.11005 of 2024 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant nos.1 Vicky @ Aman Tiwari and
appellant no.2- Parteek @ Bittu is hereby suspended and it is directed that
both the appellants be released on bail on their furnishing a personal bond
for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each 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, Sausar, District
Chhindwara o n 1st of April 2025 and also on such other dates as may be
fixed by the trial Court in this regard during the pendency of this appeal.
Certified copy as per Rules.
(SUSHRUT ARVIND DHARMADHIKARI) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
bks
