Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 12620 MP

                                                              1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE

                                                  CRA No. 1265 of 2016
                                           (JITENDRA Vs THE STATE OF MADHYA PRADESH)



                         Dated : 04-08-2023
                               Shri Rahul Sharma- Advcoate for the appellant.
                               Shri Tarun Kushwah- GA for the respondent/State.

____________________________________________________________ Heard on I.A. no. 4890/2023 which is first application filed under section 389 of Cr.P.C for suspension of remaining jail sentence and grant of bail on behalf of appellant Jitendra.

2/ Present appeal has been filed against the impugned judgment dated 27/06/2016 passed by ASJ, Khachraud, District- Ujjain whereby the appellant has been convicted under sections 120-B, 302/34 and 201 of IPC of IPC and sentenced to undergo seven years with fine of Rs. 1000/-; life imprisonment with fine of Rs. 1000/- and seven years R.I with fine of Rs. 100 respectively with usual default stipulation.

3/ According to prosecution story, present appellant-Jitendra has committed murder of his wife-Anita with the help of the co-accused persons and they buried her dead body in agricultural field. Thereafter, they distributed her ornaments between them.

4/ Learned counsel for the appellant submits that present appellant has completed 12 years of his jail sentence. He did not apply for grant of bail earlier. He has no criminal past. Jail sentence of other two co-accused persons have already been suspended. Conviction of present appellant is based upon the circumstantial evidence. Present appeal is of the year 2016 and final hearing of the present appeal will

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 8/4/2023 6:04:31 PM

take a long time, hence, he prays for suspension of sentence of the appellant

5/ Learned Government Advocate for the respondent /State opposes the application and prays for its rejection, but fairly admits that the appellant is not having any criminal antecedent.

6/ 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, we deem it proper to suspend the jail sentence of the appellant

7/ Accordingly, I.A. No.4890/2023 stands allowed and the execution of remaining jail sentence of appellant-Jitendra is hereby suspended and it is ordered that the appellant be released on bail upon his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 18.12.2023 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 for final hearing in due course

                                       Certified copy, as per Rules



                                            (VIVEK RUSIA)                        (ANIL VERMA)
                                                JUDGE                                JUDGE

                         amol




Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 8/4/2023
6:04:31 PM