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Madhya Pradesh High Court

Lalsingh vs The State Of Madhya Pradesh on 24 January, 2020

Author: Shailendra Shukla

Bench: Shailendra Shukla

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  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
              CRIMINAL APPEAL NO.5078 OF 2019
        (Lalsingh and Another vs State of Madhya Pradesh)

Indore, Dated 24.01.2020
     Mr. Bhagwansingh Yadav, learned counsel for the
appellants.
     Mr. Anil Ojha, learned public prosecutor for the
respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Record has been received.

Heard on IA No.4801/2019 which is first application under Section 389 (1) of Criminal Procedure Code, 1973 for suspension of sentence and grant of bail to the appellants namely; appellant No.1-Lalsingh S/o Varsingh Bhabor and appellant No.2-Nilesh S/o Goriya Damore who have been convicted under the provisions of Section 393 IPC by Sessions Judge, Jhabua in ST No.218/2017 vide judgment dated 06.05.2019 and have been sentenced to five years RI with fine of Rs.5000/- with further default stipulations.

As per prosecution story, an attempt of loot was made by the appellants who tried to snatch the bag carried by the complainant while the complainant was going on his motorcycle and two appellants were also on motorcycle and during scuffle, the complainant as well as appellants fell off from their motorcycles. Accordingly, case has been registered against them and FIR was lodged.

Learned counsel for the appellants submitted that as 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.5078 OF 2019 (Lalsingh and Another vs State of Madhya Pradesh) per prosecution story number of villagers congregated at the spot and apprehended the appellants. However no such independent witnesses have been examined. He further submits that the bag which was attempted to be looted was not seized and thirdly that it was a case of accident and the complainant (PW-1) Ramesh Bhuria in para-16 had admitted that the appellants' were making an endeavour to lodge the report pertaining to accident. He has also pointed out to the deposition of Ramesh Bhuria (PW-1) who had stated that front mudguard of his motorcycle had been damaged and rear mudguard of appellants motorcycle was also damaged which shows that it was a case of accident and the complainant's motorcycle collided against the rear mudguard of appellant's vehicle. There are no criminal antecedents against the appellants. On these grounds, suspension has been sought.

Learned public prosecutor for the respondent/State was also heard.

Perused the original record.

Considering the facts and circumstances of the case and on perusal of case diary, without expressing any opinion on merits of the case, this application-IA No.4801/2019 is being allowed. The substantive jail sentence of the appellants namely; appellant No.1- Lalsingh and appellant No.2-Nilesh are suspended subject 3 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE CRIMINAL APPEAL NO.5078 OF 2019 (Lalsingh and Another vs State of Madhya Pradesh) to their depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 20.04.2020 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Accordingly, IA No.4801/2019 stands disposed of. List the appeal for final hearing in due course. Certified copy as per Rules.

(SHAILENDRA SHUKLA) JUDGE Arun/-