Madhya Pradesh High Court
Midilla Urf Bhagwandas vs The State Of Madhya Pradesh on 22 March, 2025
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1 CRA-5203-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5203 of 2024
(MIDILLA URF BHAGWANDAS Vs THE STATE OF MADHYA PRADESH )
Dated : 22-03-2025
Shri Rajendra Kumar Shrivastava - Advocate for the appellant.
Ms. Samta Jain - GA for the State.
Heard on admission.
Admit.
Heard on I.A. No.10044/2024 which is an application for
suspension of sentence and grant of bail to the appellant.
The appellant has been convicted by the trial Court for the offence
punishable under Section 394/34 of the Indian Penal Code and sentenced
to undergo R.I. for 10 years with fine of Rs.1,000/- with default
stipulation.
The counsel for the appellant contends that the trial Court has not
properly appreciated the oral and documentary evidence available on
record and committed error while convicting the appellant for the
aforesaid offence. As per the case of the prosecution, there is seizure of
an Anklet ( Payal) from the appellant. It is contended that in the present
case, the Test Identification Parade is vitiated, inasmuch as, as per the
allegations levelled in the FIR, the accused persons were mentioned as
unknown persons, therefore, it was incumbent upon the prosecution to
get the Test Identification Parade conducted but on perusal of
2 CRA-5203-2024
Paragraphs 25 and 26 of the judgment of the trial Court, it reveals that
no Test Identification Parade was conducted and first time, the appellant
was seen by the complainant in the witness box. It is contended that this
aspect escaped the attention of the trial Court that in absence of the Test
Identification Parade, there could not have been prosecution of the
appellant. It is further submitted that the appellant has suffered
incarceration of about 2 years and 8 months. Disposal of this appeal will
take considerable time, therefore, the jail sentence of the appellant be
suspended and he be released on bail.
Learned counsel for the State has opposed the application for
suspension of sentence and grant of bail to the appellant and submitted
that the trial Court on due appraisal of evidence available on record has
rightly convicted and sentenced the appellant, therefore, no case for
suspension of sentence and grant of bail is made out.
Heard submissions and perused the record.
Considering the totality of circumstances of the case, the fact that
the Test Identification Parade has not been conducted in this case and
first the the appellant was seen by the complainant in the witness box
and also considering the period of custody of the appellant, this Court
deems it proper to suspend the jail sentence of the appellant and to
release him on bail. Accordingly, the application is allowed.
It is directed that subject to depositing the fine amount, if not
already deposited and on furnishing a personal bond in a sum of
3 CRA-5203-2024
Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like
amount to the satisfaction of the trial Court concerned, the custodial
sentence of the appellant shall remain suspended and he shall be released
on bail for securing his presence before the Registry of this Court on
15.7.2025 and on such other dates as may be fixed by the Registry in this
regard during pendency of this appeal.
List the matter for final hearing in due course.
(MANINDER S. BHATTI)
JUDGE
PB
