Jujhar And Anr. vs The State Of Madhya Pradesh
2022 Latest Caselaw 6123 MP

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   THE HIGH COURT OF MADHYA PRADESHBENCH AT
                     INDORE

(D.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA AND HON'BLE
       Mr. JUSTICE AMAR NATH (KESHARWANI) JJ.)

                    Criminal Appeal No.18/2012
               (Jujhar and another V/s. State of M.P.)

Indore, Dated: 25/4/2022:

       Ms. Sharmila Sharma, learned counsel for the appellants.
       Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.5620/2022, which is repeat 3rd application for suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of appellant no.2 Lokendra.

The first application for suspension of sentence filed on behalf of appellant no.2 was dismissed for want of prosecution on 29.06.2012 and the second application was dismissed on merits vide order dated 21.09.2012. Thereafter 10 years have been completed and in total more than 12 years of jail incarceration has been completed, hence, this present bail application has been filed.

The appellant has been convicted vide judgment dated 17.11.2011 in Session Trial No.67/2010 passed by the Special Judge, ST @ SC (Prevention of Atrocities) Act, District Ratlam as below:-

      Conviction                            Sentence
Section     Act      Imprisonment       Fine deposited Imprisonment
                                        details        in lieu of Fine
302         IPC      Life                   Rs.5,000/-   2 months R.I
                     Imprisonment
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Learned counsel for the appellant no.2 submits that the allegation against the present appellant is that he caused the injury by means of baseball bat. There are 8-9 other co-accused against whom trial is pending. Record has been sent back, therefore, final hearing of this appeal will not take place in near future. Record will be received after completion of trial of all the other co-accused. Since he has completed more than 12 years of jail sentence and there is no likelihood of final hearing in near future of this appeal because of the aforesaid reasons, hence, prays for suspension of sentence of appellant no.2.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of sentence.

Considering the facts and circumstances of the case, allegations against appellant and period of custody and there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case the application for suspension of sentence I.A. No.5620/2022 is allowed. Execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant no.2 Lokendra be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant no.2 shall mark his presence before the registry

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of this Court on 26/09/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.5620/2022 stands disposed of.

I.A.No.5622/2022 also stands disposed of.

Certified copy as per rules.

       (VIVEK RUSIA )                 (AMAR NATH (KESHARWANI))
          JUDGE                              JUDGE

das    Digitally signed by
       REENA PARTHO
       SARKAR
       Date: 2022.04.25
       18:03:32 +05'30'