Jittu @ Jitendra Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 20744 MP

Madhya Pradesh High Court

Jittu @ Jitendra Kol vs The State Of Madhya Pradesh on 7 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 550 of 2022 (JITTU @ JITENDRA KOL Vs THE STATE OF MADHYA PRADESH)

Dated : 07-12-2023 Shri P.S.Gaharwar - Advocate for the appellant.

Shri P.N.Verma - Panel Lawyer for the State.

Considered I.A.No.28220/2023, which is second application for suspension of sentence and grant of bail on behalf of appellant /applicant, namely, Jittu @ Jitendra Kol. Earlier application being I.A.No.766/2022 stood

dismissed as withdrawn on 08.9.2023.

Vide impugned judgment dated 23.12.2021 passed by 23rd Additional Sessions Judge, Jabalpur in S.T.No.7100246/2012 the appellant/applicant has been convicted for offences under sections 307, 323 & 223/34 of the Indian Penal Code and sentenced to undergo R.I. for 05 years, 06 months & 06 months and fine of Rs.1,000/-, Rs.500/- & Rs.500/- with default stipulations.

Learned counsel for the appellant submitted that the applicant has been falsely implicated in the crime in question. The trial Court has passed the impugned judgment without properly appreciating the oral and documentary

evidence available on record. There are material contradictions and omission in the prosecution witnesses. The appellant is in custody since 23.12.2021. He has served substantial sentence. The sentence of co-accused Rajendra Kol has been suspended vide order of this Court dated 28.11.2023. The applicant is also entitled for suspension of sentence on the grounds of principles of parity. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of applicant during pendency of instant appeal.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

Considering the over all facts and circumstances of the case, co- accused/Rajendra has been granted bail, period of custody, final disposal of this appeal would take considerable time, and without commenting on merits of the case, this application is allowed.

Accordingly, it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, the execution of remaining jail sentence of the

appellant/applicant-Jittu @ Jitendra Kol shall remain suspended till final disposal of this appeal. The applicant shall mark his presence before the concerned trial Court on 22.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.

List the appeal for final hearing in due course. Certified copy as per rules.

(HIRDESH) JUDGE

RM