Madhya Pradesh High Court
Kamla Prasad Kewat vs The State Of Madhya Pradesh on 3 July, 2019
THE HIGH COURT OF MADHYA PRADESH
Criminal Appeal No. 9460/2018
(Kamla Prasad Kewat & anr. Vs. The State of M.P.)
Jabalpur, Dated: 03.07.2019
Shri D.K. Shah, learned counsel for the appellants.
Shri Ashok Singh, learned Panel Lawyer for the respondent/State.
Heard on I.A. No.21316/2018, an application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellants Kamla Prasad Kewat and Chhote @ Roopnarayan Kewat.
The appellants stand convicted for the offences punishable under Section 392 of IPC and sentenced to undergo R.I. for 4 years along with fine of Rs.3,000/-, with default stipulation. Being aggrieved by that conviction and sentence, the appellants have filed this appeal.
Learned counsel for the appellants submits that articles seized from the possession of the appellants have not been identified by the victim and not produced before the trial Court during evidence and marked as an article. There are much contradictions and omissions found in the statement of witnesses and contended that trial Court committed error in convicting and sentencing the appellants. The appeal would take considerable time to dispose of finally; therefore, it is prayed that jail sentence of the appellants may be suspended.
Learned Panel Lawyer for the respondent/State opposes the bail application and prays for dismissal of this application.
Having heard learned counsel for the parties and on perusal of the statements of witnesses, it emerges out that victim has not identified the appellants at the time of incident and made a report against some unknown persons. Later on, during the investigation, appellants were identified by the victim in test identification parade. Articles seized at the instance of appellants whether identified by the victim or not is to be decided on merits. Trial Court committed an error in exhibiting the articles during trial which is also to be decided on the merits.
Keeping in view the facts and circumstances of the case particularly looking to the gravity of offence and on perusal of the statement of witnesses, in the opinion of this Court, without commenting on the merits of THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No. 9460/2018 (Kamla Prasad Kewat & anr. Vs. The State of M.P.) the case, this Court does not find it to be a fit case to suspend the jail sentence of the appellants.
Consequently, I.A. No.21316/2018 filed on behalf of the appellants under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail is hereby dismissed.
List the matter for final hearing in due course.
(Vishnu Pratap Singh Chauhan) Judge pnm Digitally signed by POONAM LONDHE Date: 2019.07.06 12:49:06 +05'30'