Jeetu vs The State Of Madhya Pradesh
2022 Latest Caselaw 15984 MP

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           IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                           CRA No.11199/2019
                         (Jeetu Vs. State of M.P.)

Gwalior, Dated : 02/12/2022

      Shri Upendra Kumar Shrivas, Counsel for the appellant.
      Shri C.P. Singh , Panel Lawyer for the respondent/State.

Heard on I.A. No.18013/2022. This is second application for suspension of sentence and grant of bail.

The appellant has been convicted for the following offences : Conviction U/s Sentence Fine Default (in lieu of fine) 105 A of IPC 5 Years RI 5,000/- 6 months RI

506 Part-II of IPC 1 Year RI 1,000/- 2 Months RI It is submitted by the counsel for the appellant that appellant had filed I.A. No.1832/2022, an application under Section 389 of Cr.P.C which was not in prescribed format, therefore, IA No.15994/2022 was filed for seeking permission to withdraw IA No.1832/2022 with liberty to file a fresh application in a prescribed format. Accordingly, by order dated 17/11/2022, I.A. No.1832/2022, first application for suspension of sentence and grant of bail was permitted to be withdrawn with liberty to file a fresh application in prescribed format.

Although this is the second application but merits of the case shall be considered for the first time.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No.11199/2019 (Jeetu Vs. State of M.P.)

It is submitted by the counsel for the appellant that appellant has already completed approximately four years of incarceration out of total sentence of five years as awarded by the trial Court. Hearing of the appeal is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

Per contra, the application is opposed by the Counsel for the State.

Heard learned counsel for the parties. The record of the Court below has been received and according to the certificate issued under Section 428 of Cr.P.C. till 24/11/2019 appellant had undergone pre- trial detention of 394 days and the appellant has been convicted by the judgment dated 25/11/2019. Thus, it is clear that appellant is in jail from 27/10/2018.

Considering the facts and circumstances of the case, the application for suspension of sentence is allowed. On furnishing the personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/CJM/Remand Magistrate (Whosoever is available), the remaining jail sentence shall remain suspended and the appellant shall be released on bail.

This order shall remain in force, till the conclusion of the

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No.11199/2019 (Jeetu Vs. State of M.P.)

present appeal. In case of bail jump or violation of any of the conditions mentioned above, this bail order shall automatically lose its effect.

The appellant is permanently exempted from his personal appearance before the Registry of this Court. However, he shall appear before the Court only when directed.

(G.S. Ahluwalia) Judge

rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4 AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.12.03 13:26:16 +05'30'