Jhallu vs The State Of Madhya Pradesh
2021 Latest Caselaw 175 MP

                                    1
                                                               Cr. A. No.10915/2019

             THE HIGH COURT OF MADHYA PRADESH
                    Criminal Appeal No.10915/2019
                    (Jhallu vs. The State of Madhya Pradesh)

Jabalpur, Dated 24.02.2021
      Shri Amit Dubey, learned counsel for the appellant/applicant.

      Shri    Dileep    Parihar,     learned     Panel     Lawyer    for    the

respondent/State.

                                    ORDER

Heard on I.A. No.7676/2020, which is first application for

suspension of sentence under Section 389 (1) of Cr.P.C at the instance

of the appellant-Jhallu.

2. Learned counsel for the appellant submits that there is no eye-

witness of the incident and that the case is based upon the

circumstantial evidence and on the basis of circumstances noted by the

trial Court in para 63 of the Judgment, it cannot be the sole conclusion

that the appellant had committed the offence. He also submits that the

appellant was on bail during trial and he has not misused the liberty of

bail and since the date of judgment of the trial Court he is in custody.

3. Learned counsel for the State has opposed the application and

has drawn the attention of this Court to para 63 of the Judgment of the

trial court as also para 45 of the Judgment wherein the FSL report has

been discussed.

4. Having regard to the circumstances of the case, and the fact that

there is no eye-witness of the incident and the case is based upon the

Cr. A. No.10915/2019

circumstantial evidence and also the nature of circumstances

mentioned by the trial Court in para 63 of the Judgment and also

taking note of the fact that the appellant was on bail during trial and he

has not misused the liberty of the bail and the hearing of this appeal is

likely to take time, we are of the opinion that the case for suspension is

made out. Accordingly I.A No.7676/2020 is allowed.

5. It is directed that on furnishing personal bond of Rs.50,000/-

(Rupees Fifty Thousand only) with solvent surety in the like amount to

the satisfaction of the trial Court for his appearance before the

Registry of this Court on 14th June 2021 and on all other subsequent

dates, as may be fixed by the Registry in this behalf, the execution of

substantial jail sentence imposed on the appellant shall remain

suspended, till the final disposal of this appeal.

A copy of this order be sent to Court concerned for its

compliance.

List the matter for final hearing in due course.

C.c. As per rules.

          (Prakash Shrivastava)                      (Virender Singh)
              JUDGE                                      JUDGE


Loretta
Digitally signed by
LORETTA RAJ
Date: 2021.02.26
18:28:33 +05'30'