Madhya Pradesh High Court
Sonu @ Jitendra Yadav(Shami) vs The State Of Madhya Pradesh on 18 July, 2022
Author: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 191 of 2013
(SONU @ JITENDRA YADAV(SHAMI) Vs THE STATE OF MADHYA PRADESH)
Dated : 18-07-2022
Shri Manohar Singh Chouhan, learned counsel for the
appellant no.1.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.9064/2022 repeat third application filed
under section 389 of the Cr.P.C.,1973 on behalf of appellant no.1-
[email protected] seeking suspension of jail sentence.
The appellant has been convicted and sentenced as under:-
Section Punishment Fine In default
302 of the IPC Life Rs.1,000/- 6 months.
Imprisonment
Learned counsel for the appellant submits that appellant
was in jail from 18.02.2009 to 22.04.2010 (439 days) thereafter,
from the date of the judgment dated 21.01.2013. He has
completed 10 years of actual jail sentence and remission period of
13 years. The suspension of the co-accused [email protected] Praveen has
already been granted by this court and the appellant is having
parity with him hence prayer is made for suspension of jail
sentence of the appellant.
Govt. Advocate for the respondent/State opposes the prayer
for suspension of jail sentence.
Considering the aforesaid and the case of the co-accused
[email protected] Praveen who has already been granted the benefit of
suspension by this court which is reproduced as below:-
"Also heard on I.A. No.28857/2021 which is ninth
repeat application for suspension of sentence filed under
section 389(1) of the Cr.P.C. on behalf of Sole appellant
Monu @ Praveen.
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The appellant has been convicted and sentenced
along with other co-accused vide judgment dated
21.01.2013 in Session Trial No.499/2009 passed by
Sessions Judge, District Indore as below:-
Conviction Sentence
Section & Punishment Fine deposited Imprisonm
Act ent in lieu
of fine
302 of Life Rs.1,000/- 6 months
IPC Imprisonment R.I
Although this is ninth application filed on behalf of
sole appellant but vide order dated 28.02.2020, the sole
appellant Monu @ Praveen was enlarged on temporary
bail for a period of four weeks and after expiry of the
aforesaid period, he surrender before the jail Authorities.
Thereafter on 03.02.2022, this Court had directed the office
to list this present appeal along with other connected
appeals before the Special Division Bench-II for final
arguments. All the connected appeals were listed on
06.05.2022 but counsel for the appellant appearing in
connected Criminal Appeal No.263/2013 sought an
adjournment. Therefore, the criminal appeals could not be
heard finally.
Learned counsel for the appellant submits that the
appellant has completed more than thirteen years of jail
sentence. This appeal could not be heard because counsel
of other co-accused, who is on bail, did not argue this
appeal. Counsel for the appellant undertakes to argue this
appeal finally as and when listed for final hearing. There is
no likelihood of final hearing in near future of this appeal.
The hearing of this appeal would likely to take long time;
hence prayed for suspension of sentence and release of the
appellant Monu @ Praveen Yadav.
Learned Govt. Advocate for the respondent/State
opposes the prayer for suspension of sentence.
Considering the facts and circumstances of the case,
the period of custody, the hearing of the appeal was held up
because of counsel for the other co-accused, who was on
bail did not argue the matter and that 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.28857/2021
is allowed. Execution of jail sentence of the Appellant
Monu @ Praveen Yadav is hereby suspended and it is
ordered that the Monu @ Praveen Yadav 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 Monu @ Praveen Yadav shall mark
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his presence before the registry of this Court on 21/11/2022
and on all such subsequent dates, which are fixed in this
regard by the Registry.
List the matter for final hearing.
Certified copy as per rules."
We are of the view that I.A. No.9064/2022 is allowed. The
execution of jail sentence of the appellant is hereby suspended
and it is ordered that the appellant no.1- [email protected] Jitendra be
released on bail subject to depositing fine amount, if already not
deposited, and on their furnishing a personal bond of sum of
Rs.50,000/-(Fifty Thousand only) with separate solvent sureties
of the like amount to the satisfaction of the trial Court with a
further direction to appear before the Registry of this Court on
21.11.2022 and also on such other dates, as may be fixed by the
Registry of this Court in this regard during the pendency of this
appeal.
List this matter for final hearing in due course.
I.A. No.9064/2022 stands disposed of and I.A.
No.9065/2022 for urgent hearing also stands disposed of.
Certified copy as per rules.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
Ajit/-
AJIT
Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH INDORE, ou=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, postalCode=452001,
KAMALAS
st=Madhya Pradesh,
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a241effad892107d95ef0a1afc55b4,
pseudonym=CFDFD9C36711CA738F527A5D61A1
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ANAN
serialNumber=7F0BEE2D78BD57DA058F3247441
C87E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF,
cn=AJIT KAMALASANAN
Date: 2022.07.18 18:11:13 +05'30'
