Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 13314 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                          CRA No. 2021 of 2022
                                                   (JITENDRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-08-2023
                                 Shri Vibhash Khedekar - Advocate for appellant.

                                 Shri Suhas Pundlik - Govt. Advocate for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on IA.No.253/2023, which is an application for dispensing with

from filing affidavit.

Appellant is in jail, therefore, IA.No.253/2023 is allowed and he is dispensed with from filing affidavit in support of application under Section 389(1) of Cr.P.C.

Also heard on IA.No.252/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Jitendra.

Appellant stands convicted vide judgment dated 31/07/2021 passed in Special Case No.2094/2018 by 15th Additional Sessions Judge, Indore (M.P.)

under Sections 363, 366 and 376(2)(n) of Indian Penal Code, 1860 and has been sentenced to undergo 02 years RI with fine of Rs.2,000/-, 03 years RI with fine of Rs.3,000/- and 10 years RI with fine of Rs.10,000/- respectively with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. He has suffered jail incarceration of more than 50% of the total jail sentence awarded to him, meaning thereby, he has spent 5 years in custody. As per the prosecution, Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 8/16/2023 6:44:27 PM

prosecutrix age was 17 years and 08 months at the time of incident, but her date of birth has not been proved by the prosecution beyond reasonable doubt. Prosecutrix was major at the time of incident and she went with the appellant at her own accord. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection by submitting that the trial Court after due consideration of the evidence available on record, convicted the appellant. Hence, he is not entitled to grant benefit of suspension of sentence.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant has already suffered more than 50% of the total jail sentence awarded to him; age of the prosecutrix was about 17 years and 08 months at the time of incident; she admits in her cross-examination that she went with the present appellant at her own accord and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.252/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 8/16/2023 6:44:27 PM

personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 20/12/2023 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 8/16/2023 6:44:27 PM