Madhya Pradesh High Court
Jeet @ Indrajeet vs The State Of Madhya Pradesh on 13 December, 2022
Author: Dinesh Kumar Paliwal
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11667 of 2022
(JEET @ INDRAJEET Vs THE STATE OF MADHYA PRADESH)
CRA/11625/2022
(S HIV MOHARE & ANOTHERS VS . S TATE OF MADHAYA PRADES H)
Dated : 13-12-2022
Mr.Rahul Tripathi- Advocate for the appellant in CRA
No.11667/2022.
Mr.Paritosh Trivedi- Advocate for the appellants in CRA
No.11625/2022.
Mr. C.K.Mishra - Government Advocate for the State.
Call for the record of the Trial Court.
Heard on I.A. No.23581/2022 and I.A.No.23526/2022, application
under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to
appellant pending the appeal.
Appellant-Jeet @ Indrajeet has been convicted for commission of
offence under Section 324 of IPC and has been sentenced to undergo R.I. for
three years with fine of Rs.3000/- and appellant- Gagan @ Tarun has been
convicted for commission of offence under Section 324/34 and Section 25(1-B)
(B) of IPC and has been sentenced to undergo R.I. for three years with fine of
Rs.3000/- and R.I. for two years and fine of Rs.2000/- with default stipulations
vid e judgment dated 25.11.2022 delivered by 1st ASJ, Balaghat, District
Balaghat (M.P.) in Special Case No.03/2015 (State of M.P. Vs. Jeet @ Indrajeet
and another).
Learned counsel for the appellants have submitted that appellants have
no t committed any offence. They have been wrongly convicted by the trial
Court. Learned counsel for the appellants have submitted that in the course of
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 12/14/2022
2:44:07 PM
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trial appellants were on bail. They have not misused the liberty granted to them
by way of bail during trial. It is further submitted that after judgement of
conviction and order of sentence, learned trial court itself has released
appellants on bail till 24.12.2022. Trial Court has not properly appreciated the
evidence of witnesses as it has not considered the omissions and contradictions
appeared in the evidence of witnesses. Appellants have fair chance to succeed
in appeal. Trial Court has also not considered the defence put forth by the
appellants. Therefore, it has been prayed that the appellants be released on bail.
On the other hand, learned Government Advocate for the
respondent/State has opposed the grant of bail to the appellants.
Having considered the short nature of sentence and the fact that there is
no possibility of hearing of this appeal in near future, I am inclined to suspend
the remaining jail sentence of the appellants.
Consequently, I.A. No.23581/2022 and I.A.No.23526/2022 are
allowed. The execution of jail sentence of appellants- Jeet @ Indrajeet,
Shive Mohare and Gagan @ Tarun is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that the
appellants be released on bail on their furnishing a personal bond to a sum of
Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each
of the like amount to the satisfaction of the trial court with a further direction
to appear before the trial Court on 9.5.2023 and also on such other dates, as
may be fixed by that Court in this regard during the pendency of this appeal.
List this appeal for admission after receiving record.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 12/14/2022
2:44:07 PM
JUDGE
sm
Signature Not Verified
Signed by: SARSWATI
MEHRA
Signing time: 12/14/2022
2:44:07 PM
