Jitendra Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 12407 MP

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                    The High Court Of Madhya Pradesh
                     Criminal Appeal No.5994 of 2019
                      Jitendra Sharma vs. State of MP

Gwalior, dated 16-09-2022

      Shri Atul Gupta- learned counsel for the appellant- Jitendra Sharma.

      Shri Pawan Singh Raghuvanshi, learned Public Prosecutor for the

respondent State.

Per Justice Deepak Kumar Agarwal-

Heard on IA No.14002/2022, second application under Section 389(1)

ofCr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant Jitendra Sharma. Earlier application was dismissed as withdrawn.

In brief, prosecution case is that 30.09.2017 at 7.00 pm complainant

Brijkumar lodged a dehati nalishi with police station Myana, District Guna

against present appellant- accused and 13 named & 10 unnamed persons at

District Hospital Guna, alleging therein that his father was sitting at his

house at 3.00 pm and talking with his relative Gopal. At that time, appellant

along with aforesaid accused and 10 unknown persons due to previous

enmity dated 25.9.17 with common intention entered the house and started

abusing him and thereafter committed ''marpeet'' with his father. When

mother Raj Bai and sister Sabita Bai came to intervene there, they also

The High Court Of Madhya Pradesh Criminal Appeal No.5994 of 2019 Jitendra Sharma vs. State of MP

committed ''marpeet'' with them. 100 number was dialed thereafter. The

father of complainant was brought to hospital. During treatment, he died due

to aforesaid injury. Dehati nalishi under Sections 147, 148, 149, 294, 302,

452 of IPC and Section 3(2)(v) of S.C.S.T. was recorded and thereafter,

offence was registered. Dead body panchnama was prepared. Postmortem

was conducted. The appellant accused along with co-convicted accused was

arrested. After completion of due investigation, charge sheet was filed.

After conclusion of trial, the appellant along with other co-convicted

accused has been convicted by Special Judge (S.C.S.T. Act), District Guna

vide judgment dated 01.06.2019 in SPL Case No.160/2017 for offence under

Sections 459, 147, 323/149 (three counts) and 302/149 of IPC r/w Section

3(2) (v) of S.C.S.T. Act and sentenced to undergo LI with fine of Rs.1000/-,

one year RI with fine of Rs.1,000/-, one year RI with fine of Rs.1,000/- and

LI with fine Rs.5000/- with default stipulations.

It is submitted by counsel for the appellant that during trial the

appellant was on bail and he has not misused the liberty granted to him. Fine

amount has already been deposited. The appellant remained in custody since

The High Court Of Madhya Pradesh Criminal Appeal No.5994 of 2019 Jitendra Sharma vs. State of MP

04-10-2017 and he has already suffered near about five years of jail

incarceration. The appeal is of the year 2019 and final outcome of appeal will

take some time. It is further contended that execution of jail sentence of co-

convicted accused Anurag Sharma (appellant No.8 herein) has already been

suspended by this Court vide order dated 02-09-2022 passed in CRA

No.6319 of 2019. Therefore, prayed for suspension of sentence of present

appellant.

Per contra, the learned counsel for the State opposed the application

and prayed for its rejection.

Considering the aforesaid facts and circumstances of the case coupled

with the fact that the execution of jail sentence of co-convicted accused

Anurag Sharma has already been suspended by this Court vide order dated

02-09-2022 passed in CRA No.6319 of 2019 and the present appellant has

suffered more than five years of jail incarceration and there is no possibility

of early hearing of appeal in near future, but without expressing any opinion

on the merits of the case, it is directed that jail sentence of appellant shall

remain suspended and he be released on bail subject to depositing the amount

The High Court Of Madhya Pradesh Criminal Appeal No.5994 of 2019 Jitendra Sharma vs. State of MP

of fine (if not already deposited) and on furnishing a personal bond in the

sum of Rs.50,000/-(Rupees fifty thousand only) with one solvent surety in

the like amount to the satisfaction of the trial Court. The appellant is directed

to appear before the Registrar of this Court first on 12th December, 2022

and on other subsequent dates as may be fixed by the Office in this regard.

IA No. 14002/2022 stands allowed and disposed of.

CC as per rules.

             (Rohit Arya )                          (Deepak Kumar Agarwal)
               Judge                                         Judge



MKB




       MAHENDRA BARIK
       2022.09.17
       11:03:30 +05'30'