Jairam vs The State Of Madhya Pradesh
2022 Latest Caselaw 701 MP

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          THE HIGH COURT OF MADHYA PRADESH

                           Cr.A. No.1964/2018
                     (Jairam & Ors. Vs. State of M.P.)
Gwalior, Dated:-14/01/2022
      Matter is heard through video conferencing.

      Shri Shubhendu Singh Chouhan, learned counsel for the

appellants.

      Shri Alok Sharma, learned Panel Lawyer for the respondent/State.

Let record of the Court below be called for, if already not

called.

Heard on I.A.No.31231/2021, sixth application under

Section 389 of Cr.P.C. for suspension of jail sentence moved on behalf

of appellant No.1 - Jairam.

This criminal appeal has been filed against the judgment dated

15/02/2018 passed by First Additional Sessions Judge, Mungawali Distt.

Ashoknagar (M.P.) in ST No.146/2009 by which appellants have been

convicted under Sections 307/34 & 323/34 of IPC and sentenced to

undergo ten years RI with fine of Rs.5,000/- and six months RI with fine

of Rs.500/- respectively with default stipulations.

It is submitted by the learned counsel for appellant No.1- Jairam

that this is the sixth application for suspension of sentence on behalf of

appellant No.1. Appellants have wrongly been convicted & sentenced by

the trial Court. There are lots of contradictions and omissions in the

evidence of the prosecution witnesses. Earlier, jail sentence of appellant

No.1 has been temporarily suspended for 90-90 days by co-ordinate

Bench of this Court and he has not misused the liberty of interim bail so

granted to him. It is also submitted that appellant No.1 has suffered

around four years jail incarceration against ten years punishment. Final

THE HIGH COURT OF MADHYA PRADESH

hearing of this appeal shall take considerably long time. Therefore, prays

to suspend the jail sentence of appellant No.1- Jairam.

Learned State counsel has vehemently opposed the submissions

and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the documents

available on record.

Considering the arguments advanced by learned counsel for the

parties along with facts and circumstances of the case, without

commenting on merits of the case, I.A. No. 31231/2021 is hereby

allowed. Subject to depositing of fine amount, if not already

deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees

One Lakh only) with one solvent surety of the like

amount to the satisfaction of the concerned Court, the remaining jail

sentence of appellant No.1- Jairam shall remain suspended and he be

released on bail. The appellant is further directed to mark his appearance

before the Office of this Court on 11/04/2022 and on subsequent dates

given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

Let a copy of this order be sent to the Court below concerned for

information.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Shubhankar* Digitally signed by SHUBHANKAR MISHRA Date: 2022.01.14 17:02:02 +05'30'