JUDGMENT Deepak Kumar Agarwal, J. - Heard on IA No.4408 of 2023, which is the first application u/Sec. 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Saddam Khan. 2. Vide judgment dated 13-01-2023 passed by Special Judge (MPDVPK Act), Dabra, District Gwalior in Special Case No. 07 of 2018, the appellant has been convicted under Section 392 of IPC read with Section 11/13 of MPDVPK Act and sentenced to undergo five years rigorous imprisonment with fine of Rs. 5,000/- and he has further been sentenced to undergo one year RI with fine of Rs.1,000/- for offence under Section 25(1-B)(A) of the Arms Act with default stipulation. 3. According to prosecution case, on 20-03-2018, while complainant Manoj Kumar Soni along with his wife Smt. Meena Soni was returning after Lodhi Mata Darshan at Narwar on his motorcycle bearing registration no. MP07 NC 2768, near Bhitarwar Narwar Road, three persons came on Apache Motorcycle without number plate from back and obstructed them and robbed gold chain, mangalsutra along with other ornaments of his wife on the point of Katta. At the time of robbing, one person was sitting on Apache motorcycle and two other persons were snatching the gold ornaments amounting to Rs. 2.38 lac. On the basis of which Crime No.16 of 2018 for offences under Section 392 of IPC, Section 11/13 of MPDVPK Act and under Section 25/27 of the Arms Act was registered at Police Station Belgada. During the investigation, from the possession of present appellant, one Katta with life cartridges and mangalsutra, so also other gold ornaments were also seized. After completion of investigation and other formalities, charge sheet was filed before the competent Court from where the case was committed to the Special Court for its trial. The trial Court after conclusion of trial has convicted the present appellant and sentenced him as stated above. 4. It is submitted by learned counsel for the appellant that the appellant has been falsely implicated. During trial, the appellant was in custody for a period of near about seven and half months i.e. from 07-04-2018 to 30-11-2018. Fine amount has already been deposited by the appellant. This appeal is of the year 2023. He has a good case on merits and final hearing of the appeal will take some time.
During trial, the appellant was in custody for a period of near about seven and half months i.e. from 07-04-2018 to 30-11-2018. Fine amount has already been deposited by the appellant. This appeal is of the year 2023. He has a good case on merits and final hearing of the appeal will take some time. Under these circumstances, execution of sentence be suspended and the appellant be released on bail. 5. Learned counsel for the State opposed the application and prayed for its rejection. 6. Looking to the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, IA is allowed and it is directed that the present appellant shall be released on bail on depositing entire fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard. 7. C.C. as per rules. 8. List the matter along with connected CRA No. 2393 of 2023 after receipt of record of trial Court.