SAMEER Vs. STATE OF M.P.

JUDGEMENT

(1.) Today this case is listed for admission and on I.A.No.17114/2019 which is an application for suspension of sentence and grant of bail.

(2.) This revision petition has been filed by the applicant under Section 397/401 of the Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 27.8.2019 passed by Additional Sessions Judge, Seoni in Criminal Appeal No.129/2017 confirming the judgment dated 26.09.2017 passed by the Chief Judicial Magistrate Seoni in Criminal Case no. 1199/2011 whereby the applicant has been convicted under Section 379 of the IPC and sentenced to undergo RI for two years along with fine of Rs.500/-, in default of fine, 7 days additional imprisonment.

(3.) The facts of the case, briefly stated, are that on 25.02.2011 complainant Vikas Jain lodged a report that on 24.2.2011 at 7 PM his motor-cycle bearing no. MP22F-6959 was stolen from his house which is situated behind the Deewanmahal, Gandhi Ward, Seoni. On the information of the complainant, FIR was lodged vide Crime No. 195/11 for the offence under Section 379 IPC at Police Station Seoni. During investigation the vehicle was seized on 26.02.2011 from the possession of the applicant in an accident case about which crime no. 35/11 under Sections 279, 337 of IPC was registered and about which the applicant also disclosed the aforesaid fact. After investigation, charge-sheet was filed before the trial Court and the learned trial Court convicted and sentenced the applicant as mentioned earlier and the appeal was also dismissed.