Jaswant Singh Jat vs The State Of Madhya Pradesh
2022 Latest Caselaw 1774 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 6099 of 2021
                (JASWANT SINGH JAT Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 08-02-2022
      Heard through Video Conferencing.

      Smt.Uma Kushwah, learned counsel for the appellant.
      Smt.Kalpana Parmar, learned Panel Lawyer for the respondent-State.

Heard on I.A. No.995/2022, which is second application under Section 389 (1) of Cr.P.C. filed on behalf of the sole appellant Jaswant Singh Jat seeking suspension of sentence and grant of bail. Appellant stands convicted

under Section 392 of IPC read with Section 11/13 of M.P.D.V.P.Act and sentenced to undergone 05 years RI with fine of Rs.5000/- and under Section 323 of IPC and sentenced to undergo simple imprisonment for 03 months with fine of Rs.1000/- with default stipulations vide judgment dt.15.03.2021. His first application vide I.A. No.30236/2021 was dismissed as withdrawn on 29.11.2021 with liberty to revive the prayer after six weeks.

The prosecution story as found proved is that on 11.04.2018 the complainant boarded a jeep and sat beside the driver. She was having a trolley bag in which clothes were kept, which was placed on the middle seat

and a purse containing gold ornaments, cash of Rs.7000/- and a mobile phone, which was kept on the seat by her side. After some time, the driver shoved her out causing her to fall down and fled with her bag and purse. Due to such fall, complainant received injuries on various parts of the body.

Learned counsel for the appellant submits that the appellant was implicated on the basis of memo recorded under Section 27 of the Evidence Act. Eye-witnesses Patiram (P.W.1) and Ramsingh (P.W.2) have turned hostile and did not support the prosecution. No identification parade has been conducted. Appellant has already suffered 01 year and 2 months jail incarceration. It is also submitted that earlier application was dismissed with liberty to revive the prayer after six weeks. During trial appellant remained on bail and he did not misuse the liberty granted to him. Looking to the Covid-

19 situation, there is no likelihood of early disposal of appeal in the near future. Under such circumstances, appellant prays for suspension of sentence and grant of bail.

Smt. Kalpana Parmar, learned Panel Lawyer opposes the application for suspension of sentence and prays for its rejection.

Upon hearing learned counsel for the parties, this Court refrains from

commenting upon the rival contentions so advance touching merits of the case, but regard being had to the fact that appellant has suffered 01 years 2 months jail incarceration out of total 05 years sentence with no criminal history, hence, in the obtaining facts and circumstances, I.A. No.995/2022 deserves to be and is hereby allowed.

Accordingly, it is directed that the jail sentence of the appellant - Jaswant Singh Jat shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant is directed to appear before the Registry of this Court o n 5th May 2022 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order ;

(ii) violation of conditions, State is free to apply for cancellation of bail. Accordingly, the IA stands allowed and disposed of. Certified copy as per rules.

(ROHIT ARYA) JUDGE SP

SANJEEV KUMAR PHANSE 2022.02.09 15:29:04 +05'30'