Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 12953 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 6586 of 2022
                                               (JITENDRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-08-2023
                                Shri Shashank Upadhyay - Advocate for appellant.

                                Shri A.N.Gupta - Public Prosecutor for respondent/State.

Heard on IA No.2578 of 2023.

This is the first application seeking for suspension of sentence and bail filed on behalf of accused/appellant Jitendra, who has been convicted under

Sections 302, 201 of the IPC and Section 25(1-b)A read with Section 3 of the Arms Act and sentenced to Life Imprisonment with fine of Rs.1000, R.I. for 3 years with fine of Rs.500/- and R.I. for 3 years with fine of Rs.1000/- respectively, with default stipulations vide judgment dated 24.06.2022 passed by the Second Additional Sessions Judge, Niwadi, District Tikamgarh in Sessions Trial No.26 of 2017.

The case of the prosecution is that on 28.02.2017 an FIR was lodged against the appellant and another at Police Station Sendari, District Tikamgard for offence punishable under Sections 302, 201, 120-B read with Section 34 of

the IPC. The allegations are that the accused and another, namely the wife of the deceased, were involved in the murder of deceased Javed. That on 30.12.2016 the deceased had gone from his house to meet his friend Akbar with Tarikh Khan at Mauranipur. He did not return. Initially a missing report was filed. During investigation, it was found that the wife of the deceased had some relationship with the accused. After investigation, on the charge-sheet being filed, charges were framed against the accused as well as co-accused, namely wife of the deceased. The wife of the deceased was acquitted and the appellant Signature Not Verified Signed by: CHRISTOPHER PHILIP Signing time: 8/10/2023 12:14:26 PM

was convicted and sentenced as above. Thereafter, the instant appeal has been filed along with an application seeking suspension of sentence and bail.

On hearing learned counsels, we do not find any good ground to enlarge the appellant on bail. The cause of death of the deceased was due to gunshot injury. The gun belonged to the accused. The ballistic report was against him. After shooting, the dead body was buried in the garden of one Jaiswal. The dead body was recovered on information being received by the police.The contentions being advanced are with regard to the nicety of the evidence and appreciation thereof. We do not think that the same is necessary for us to consider at the present stage of considering an application for bail. Presently,

we are concerned whether there was any case for the trial Court to have convicted the accused. There is substantial material to implicate the accused. Prima facie, we do not find any error committed by the trial Court that calls for any interference. However, these are all matters to be considered at the state of final hearing. It is suffice to notice that death of the deceased was due to gunshot injury of the gun belonging to the appellant and there is recovery of the dead body which was buried.

Under these circumstances, we find no good ground to enlarge the appellant on bail. IA No.2578 of 2023 is accordingly dismissed.

                               (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                 CHIEF JUSTICE                                            JUDGE

                          C




Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 8/10/2023
12:14:26 PM