Jony Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 14582 MP

                                                   1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                         AT GWALIOR
                                           CRA No. 1571 of 2022
                                    (JONY JATAV Vs THE STATE OF MADHYA PRADESH)

              Dated : 10-11-2022
                      Shri Ravi Ballabh Tripathi, learned counsel for the appellant.

                      Shri V.P.S. Tomar- Panel Lawyer for the respondent/State.

Heard on the question of admission.

This appeal appears to be arguable, hence, it is admitted for final hearing.

Also heard on I.A. No. 14595 of 2022, first application under Section

389 (1) of Cr.P.C for suspension of jail sentence and grant of bail to the sole appellant No. 1.

This Criminal Appeal assails the judgment dated 22.11.2021 passed in S T No. 281/2019 by 17th Additional Sessions Judge, Dist. Gwalior (M.P.) whereby, appellant No.1 stood convicted under Sections 307/34 of IPC and sentenced him to undergo Five years of rigorous imprisonment with fine of Rs.5,000/- and under section 506- Part 2 of IPC and sentenced him to undergo Two years of rigorous imprisonment with fine of Rs.2,000/-, with default stipulation.

Learned counsel for appellant No. 1 submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. It is further submitted that there are omission and contradictions in the evidence of the prosecution witnesses. It is further submitted that prosecution has not examined any independent witness, but only interested witnesses have Signature Notbeen examined. There are fair chances of success of this appeal. There is no Verified Signed by: SANJAY NAMDEORAO DURGEKAR possibility of hearing of this appeal in near future. It is further submitted that the Signing time: 11-11-2022 10:13:14 AM

appellant has already served total jail sentence of more than Two years out of total awarded sentence of Five years. Under these circumstances, the execution of sentence be suspended and he be released on bail.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for appellant No. 1 as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 14595 of 2022 is hereby allowed. Subject to depositing of

fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No. 1 shall remain suspended and he be released on bail. Appellant No. 1 is further directed to mark his appearance before the Office of this Court on 12.01.2023 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. A copy of this order be sent to the concerned Court below for compliance.

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

(SUNITA YADAV) JUDGE

Durgekar Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 11-11-2022 10:13:14 AM