Jagdish @ Bheem vs The State Of Madhya Pradesh
2021 Latest Caselaw 4512 MP

                                                                               1                               CRA-1592-2017
                                                    The High Court Of Madhya Pradesh
                                                               CRA-1592-2017
                                                            (JAGDISH @ BHEEM Vs THE STATE OF MADHYA PRADESH)

                                            19
                                            Indore, Dated : 23-08-2021
                                                  Shri Akhilesh Kumar Saxena, learned counsel for the Petitioner.
                                                  Shri Hemant Sharma, learned counsel for the respondent/State.

Heard on I.A.No.4418/2021, which is 5th repeat application filed under Section 389(1) of Cr.P.C for suspension of jail sentence of appellant Jagdish @ Bheem who has been convicted by the 1st Addl. Sessions Judge,

Shujalpur, district Shajapur for the offence punishable under sections 394/34, 450 IPC vide judgment dated 29.12.2016 and has been sentenced to undergo 10 years and 5 years with Fine of Rs.5,000/- and Rs.1,000/- respectively with default stipulation. The other co-accused Manohar and Mukesh have been convicted under sections 394/34 of IPC and sentenced to undergo 7 years with fine of Rs.5,000/- each with default stipulation.

The appellant has been sentenced to undergo the increase term of imprisonment i.e. 10 years on account of the fact that he was he who had committed the crime and prosecution story was that he had come to the

complainant and told her that he wants to sell the chana (gram pulse) to the complainant, a 70 years old lady. The complainant was agreeable to purchase the aforesaid agricultural produce and when she went inside her house to fetch money, the appellant followed her inside her house and looted Rs.17,000/- from her money box and had also tried to throttle her. There have been signs of compression found on the neck of complainant and Rs.4,000/- have been recovered from the appellant.

Learned counsel for appellant submits that appellant has spent more than 5 years in jail and other co-accused persons have been granted the benefit of suspension of sentence.

Learned counsel for State was heard.

Signature Not VerifiedDigitally signed by SAN SMT MUKTA It was earlier apprised to this Court that as many as one dozen cases KOUSHAL Date: 2021.08.24 14:10:09 IST 2 CRA-1592-2017 are registered against the applellant, one of which is 302 IPC and some are registered under section 307 IPC.

Learned counsel for appellant has filed the judgment of acquittal in offence under section 302/34 of IPC.. Learned counsel also submits that other cases which have been registered against the appellant, were prior to the period of this incident and submits that during the course of trial the appellant

had been granted bail on 2.11.2016 and after being so released and till the judgment was pronounced, the appellant has committed no offence.

On due consideration of aforesaid submissions mainly made by learned counsel for appellant, I.A.No.4418/2021 is allowed and it is directed that upon depositing the fine amount and on appellant's furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of the appellant shall remain suspended till the final disposal of the appeal and he shall be released on bail, for his regular appearance before the concerned trial Court on 7.12.2021 and all other subsequent dates as may be fixed in this behalf by the trial court.

In view of previous criminal antecedents of appellant, it is further directed that after being so released, apart from marking his presence before the trial court on the dates fixed in that behalf, the appellant shall mark his presence before the concerned police station between 10.00 a.m. to 12.00 p.m. on first Monday of every month till the conclusion of present appeal. He shall not indulge in any other offence after being so released and even one incident of breach of conditions shall entail cancellation of this order.

List for final hearing in due course of time. C.c. as per rules.

(SHAILENDRA SHUKLA) JUDGE mk

Signature Not Verified VerifiedDigitally Digitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.08.24 14:10:09 IST