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Madhya Pradesh High Court

Labhchandra vs The State Of Madhya Pradesh on 17 May, 2018

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         HIGH COURT OF MADHYA PRADESH
                     CRA No.4643/2017
              (Labhchandra vs. State of M.P.)
Indore, Dated:17/05/2018
     Shri Balendu Bwivedi, learned counsel for the
appellant.
     Shri Suraj Sharma, learned Govt. Advocate for the
respondent/State.

Admit Heard on IA No.2128/2018. This is first application for suspension of sentence of appellant Labhchandra, who is convicted for the offence punishable under Section 395 of IPC and sentenced to undergo 10 years RI and fine of Rs.2000/- with default stipulation.

Contention of the learned counsel for the appellant is that the appellant was not identified by the complainant (who was driver of the vehicle) Karulal (P.W.1) in the test identification parade. Vinod, who was cleaner of the truck and examined as P.W.2 has stated that he identified the accused at the Police Station itself prior to 1 ½ month of test identification conducted by the Magistrate in the jail.

So far as recovery of Rs.4,000/- cash and 8 empty bags is concerned, learned counsel contended that in the FIR at the time of lodging the FIR, it was stated that the wallet of Vinod looted by the miscreants was containing Rs.1500/- and a photocopy of aadhar card. No mention of empty bags are there.

Learned public prosecutor has opposed the prayer. I have considered the submissions of learned counsel for the appellant and considering the facts and circumstances of the case and also the nature of incident, I am of the opinion that appellant has made out a case for suspension of jail sentence. Thus, the application (IA No.2128/2018) for suspension of sentence is allowed. It is directed that on deposition of fine amount and also on furnishing personal bond of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 12/09/2018 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellant/labhchandra shall remain suspended, till the final disposal of this appeal.

List for final hearing in due course.

Cc as per rules.

(Virender Singh) Judge sourabh Digitally signed by SOURABH YADAV Date: 2018.05.17 17:39:36 +05'30'