Madhya Pradesh High Court
Ram @ Smackchi vs The State Of Madhya Pradesh on 28 March, 2018
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.5204/2017
(Ram @ Smackchi Vs. State of M.P.)
Indore, Dated:28/03/2018
Shri R.R. Bhatnagar, learned counsel for the appellant.
Mrs. Mamta Shandilya, learned Counsel for the respondent/State .
Heard learned counsel for the parties on I.A. No.22553/2017- an application under Section 389(1) of the Code of Criminal Procedure for suspension of jail sentence and for grant of bail filed on behalf of the appellant-Ram @ Smackchi.
The appellant has been found guilty for offence under Section 392/34 of the IPC and has been sentenced to undergo 5 years R.I. and to pay fine of Rs.1,000/- with usual default stipulation.
Learned counsel for the appellant submits that the appellant was on bail during the trial and he has not misused the liberty so granted to him. It is further submitted that the appellant is not named in the FIR. Although it is alleged that complainant Sooraj Day (PW 1) had identified the appellant in Test Identification Parade, however, he has refused to identify the appellant during his examination before the Court. The statement of the complainant does not disclose that any person robbed his mobile phone. No identification parade of the seized article has been conducted during the course of investigation. Independent witness of the memorandum and seizure was also not supported the prosecution version. Under these circumstances, the appellant cannot be convicted for the offence under Section 392 of the IPC. There are fair chances of success of this appeal . The appellant cannot be kept in custody unnecessarily otherwise the appeal filed by him may render infructuous. The appellant is ready to deposit the fine amount before the Trial Court. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellant.
Learned Public Prosecutor prays for rejection of the application.
Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspended the jail sentence of the appellant.
Accordingly, I.A. No.22553/2017 is allowed and it is directed that subject to deposit of fine amount and on furnishing personal bond by the appellant-Ram @ Smackchi in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 18/05/2018 and on all such subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi) Judge skt Digitally signed by Santosh Kumar Tiwari Date: 2018.04.02 13:40:49 +05'30'