Jitendra Alias Jeetu vs The State Of Madhya Pradesh
2023 Latest Caselaw 13124 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                          CRA No. 1958 of 2023
                                              (JITENDRA ALIAS JEETU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-08-2023
                                  Mr. Saurabh Bhelsewale - Advocate for the appellant.

                                  Mr. Dheeraj Kumar Budholiya - Panel Lawyer for respondent/ State.

Heard on I.A. No. 4043 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by appellant.

This Criminal Appeal assails the judgment dated 08.12.2022 passed by

First Additional Sessions Judge, District Datia (M.P.) in S.T. No.119 /2022, whereby appellant has been convicted and sentenced under Sections 457, 327 and 436 of IPC to undergo rigorous imprisonment of one year, one year and five years with fine of Rs.500/-, Rs.500/- and Rs.1,000/- respectively with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available on record. There are material contradictions and omissions in the statement of the complainant. As per prosecution story no independent eye witness has seen

the incident. Statement of the complainant is not reliable. It is further argued that the appellant has already suffered almost 9 months of incarceration out of total jail sentence of 5 years. The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

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

Heard learned counsel for the parties and perused the materials available Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 8/11/2023 1:07:04 PM

on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 4043 of 2023, is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court on 27.10.2023 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

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 8/11/2023 1:07:04 PM