Madhya Pradesh High Court
Jujhar And Anr. vs The State Of Madhya Pradesh on 13 June, 2022
Author: Vivek Rusia
- : 1 :-
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
Criminal Appeal No.18 of 2012
(JUJHAR AND ANR. Vs THE STATE OF M.P.)
Dated :13-06-2022
Shri Anshul Bhatnagar, proxy counsel appearing on behalf of
Ritu Raj Bhatnagar, learned counsel for the appellant.
Shri Mukesh Kumawat, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.6691/2022, repeat 4th application filed under
section 389 (1) of the Cr.P.C.,1973 on behalf of appellant-Jujhar
seeking suspension of jail sentence.
The first application for suspension of sentence filed on behalf
of appellant no.1 was dismissed for want of prosecution on 29.06.2012
and the second application was dismissed on merits vide order dated
21.09.2012. Thereafter 10 years have been completed and in total more
than 12 years of jail incarceration has been completed, hence, this
present application for suspension has been filed.
The appellant has been convicted vide judgment dated
17.11.2011 in Session Trial No.67/2010 passed by the Special Judge,
ST/ SC (Prevention of Atrocities) Act,1989 District Ratlam as below:-
Conviction Sentence
Section Act Imprisonment Fine deposited Imprisonment in lieu of
details fine
302 IPC Life Rs.5,000/- 2 months R.I.
Imprisonment
Learned counsel for the appellant no.1 submits that the
allegations against the present appellant is that he caused the injury by
means of sword. There are 8-9 other co-accused against whom trial is
pending. Record has been sent back, therefore, final hearing of this
appeal will not take place in near future. Record will be received after
completion of trial of all the other co-accused. Since he has completed
more than 12 years of jail sentence and there is no likelihood of final
hearing in near future of this appeal. The appellant is having parity
- : 2 :-
with co-accused Lokendra who has been granted the benefit of
suspension of jail sentence. Under these circumstances, counsel prays
for suspension of sentence of appellant no.1.
Learned Govt. Advocate for the respondent/State opposes the
prayer for suspension of sentence.
Considering the facts and circumstances of the case, allegations
against appellant and period of custody and 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.6691/2022 is allowed. The execution of jail sentence
of the appellant no.1 is hereby suspended and it is ordered that the
appellant no.1-Jujhar 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 no.1 shall mark his presence before the registry of
this Court on 26/09/2022 and on all such subsequent dates, which are
fixed in this regard by the Registry.
I.A. No.6691/2022 stands disposed of & I.A. No.7554/2022
application for urgent hearing during vacation 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, st=Madhya Pradesh,
KAMALASA
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serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E0
NAN
817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT
KAMALASANAN
Date: 2022.06.14 10:51:14 +05'30'
