Jitendra Rao vs The State Of Madhya Pradesh
2023 Latest Caselaw 12624 MP

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          IN THE HIGH COURT OF MADHYA PRADESH
                        AT INDORE

                           CRA No. 158 of 2016
            (JITENDRA RAO AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Dated : 04.08.2023

      Shri Santosh Kumar Meena- Advocate for the appellant.
      Shri Sudhanshu Vyas- Government Advocate for the respondent/State.

Heard on IA No.10530/2023, which is the first application under Section 389 of Criminal Procedure Code, 1973 filed on behalf of appellant No.1 - Jitendra S/o Babulal who has been convicted by the learned First Additional Sessions Judge, Rajgarh (Biaora) in Session Trial No.06/2014 vide judgment dated 08.01.2016 and has been sentenced as under:-

Conviction Sentence Section & Act Imprisonment Fine imposed Imprisonment in lieu of fine

376-2(D) IPC 20 years RI Rs.10000/- 1 year R.I.

366 IPC 07 years RI Rs.2000/- 6 months' R.I.

506 IPC 01 year RI Rs.2000/- 6 months' R.I.

(2) Counsel for the appellant submits that the appellant No.1 was in jail since 09.10.2013 to till today and there are many contradictions and omissions in the statement of the prosecution witnesses and no specific allegation has been levelled against the present appellant. He submits that final disposal of this appeal is likely to take sufficient long time and co- accused-Lakhan has been enlarged on bail, hence, it is prayed that on the

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ground of parity also, the application of the appellant No.1-Jitendra be allowed and he be released on bail.

(3) Per contra, counsel for the respondent/State has opposed the application and prays for its rejection.

(4) Having considered the facts and circumstances of the case and looking to the period of detention of the appellant and also the fact that the co-accused has been enlarged on bail, it is a fit case for grant of suspension to the appellant No.1. Accordingly, application IA No.10530/2023 is allowed.

(5) It is directed that substantive jail sentence of appellant No.1 - Jitendra S/o Babulal shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of concerned trial Court for his appearance on 15.12.2023 and on all other subsequent dates as may be fixed by the Court concerned in this behalf. Accordingly, application IA No.10530/2023 stands disposed of.

(6) List the appeal for final hearing in due course. (7) Certified copy, as per Rules.

          (S. A. DHARMADHIKARI )                                    (HIRDESH)
                  JUDGE                                               JUDGE
  N.R.


Digitally signed
by NARENDRA
KUMAR RAIPURIA
Date: 2023.08.04
19:08:08 +05'30'