Ram Baran Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 1703 MP

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             THE HIGH COURT OF MADHYA PRADESH
                            Cr.A. No.1143/2019
                    Rambaran Jatav Vs. State of M.P.

Gwalior, Dated : 30.04.2021

       Shri Ajay Kumar Nirankari, learned counsel for the appellants.

       Shri   Pramod     Pachori,   learned      Public   Prosecutor    for   the

respondent/State.

Matter is heard through video conferencing.

This Criminal appeal assails the judgment dated 12/11/2018 passed in

Sessions Trial No.700041/2008 by Special Judge, (MPDVPK Act), District

Gwalior(M.P.), whereby the appellant has been convicted and sentenced as

under:-

       Section         Sentence           Fine             In default
       120-B read Life                    Rs.10,000/-      3 years
      with          Imprisonment
      Section 364-A
       368             Life               Rs.10,000/-      3 years
                       Imprisonment

I.A.No.8307/2021, fourth application for interim suspension of jail

sentence and grant of bail moved by appellant -Rambaran Jatav, is taken up

and considered.

It is submitted by learned counsel for the appellant- Rambaran Jatav

that the Trial Court has wrongly convicted the appellant. There are lots of

contradictions and omissions in the evidence of the prosecution witnesses.

The appellant is aged around 57 years and is in custody since the date of

judgment i.e. 12/11/2018. It is further submitted that this is the fourth

application for interim suspension of jail sentence and grant of bail on behalf

of appellant. Last application for suspension of his jail sentence was rejected

on merits vide orer dated 29/1/2021. It is further submitted that in

identification parade, the appellant was not identified by the complainant

despite only considering the evidence adduced, the trial Court has wrongly

convicted the appellant. There is no possibility of final hearing of this case

in near future looking to the present COVID-19 pandemic. Hence, learned

counsel prays for suspension of jail sentence and grant of bail to appellant.

Per contra, learned State counsel has vehemently opposed the

submissions and prayed for rejection of the application filed for suspension

of jail sentence and grant of bail to appellant.

Heard learned counsel for the parties at length and considered the

arguments advanced by them and perused the material documents available

on record.

Earlier application for suspension of jail sentence moved on behalf of

the present appellant was decided on merits considering all the facts of the

case. This Court is not having jurisdiction to review its own order. Evidence

cannot be marshaled finally at the time of considering the suspension of jail

sentence.

Considering the nature of allegation against the appellant as

well as the facts and circumstances of the case, without commenting

on merits of the case, at this stage, it is not appropriate to suspend the

jail sentence and grant bail to the appellant. Hence, I.A.No.8307/2021 is

rejected.

                                   (Sheel Nagu)                  (Rajeev Kumar Shrivastava)
                                      Judge                                Judge
pwn*
  Pawan Kumar
  2021.05.01
  15:25:57 +05'30'