Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 2001 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 1590 of 2016
                                                 (JITENDRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-02-2023
                                  Ms. Sharmila Sharma, learned counsel for the appellant.

                                  Shri Mukesh       Kumawat,learned        Government Advocate for the
                           respondent/State.

Shri Monesh Jindal, learned counsel for the Respondent [OBJ].

Heard on I.A. No.85/2023, which is repeat application filed on behalf of

appellant Jitendra for suspension of remaining jail sentence and grant of bail.

The appellant has been convicted for the offence punishable under Section 302/34 and 201 of IPC and sentenced to undergo Life imprisonment and 3 years R.I. with fine of Rs. 20000/- and Rs.5000/- with default stipulation vide judgment dated 19.06.2016 passed by Additional Sessions Judge Sonkachh, District Dewas in S.T. No.207/2013.

Learned counsel for the appellant submits that the appellant is having with co-accused Nitin whose has been granted benefit of suspension from the Apex Court only on the ground of custody period of 9 years. Learned counsel for the

appellant further submits that this appellant has completed 9 years of jail sentence. Apart from that, the co-accued Nitin is having previous enmity with deceased and he used to car for committing the offence. The appellant has only accompanied within him.

Government Advocate as well as counsel for the objector opposes the prayer made by the appellant by submitting that there is cross appeal seeking enhancement of sentence and compensation, thus prayer for suspension of remaining jail sentence is liable to be rejected. Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 03-02-2023 18:43:00

Learned counsel for the respondent opposes the prayer made by the appellant and prays for its rejection.

Heard both sides.

The co-accused has given benefit of suspension of remaining jail sentence by the Apex Court, the order is reproduced below:-

''The petitioner seeks grant of regular bail. His application for Suspension of Sentence pending in appeal against the conviction recorded by the Sessions Court was rejected. From the records, it appears that the petitioner has spent more than 9 years in actual custody.

In the circumstances, this Court is of the opinion that the petitioner’s claim for bail during the pendency of the appeal is justified. He is directed to the enlarged on bail subject to such conditions as the Trial Court may impose including periodic reporting before the concerned police station.

The special leave petition is allowed.'' In view of above, I.A. No.85/2023 is allowed.

The execution of remaining jail sentence of appellant is hereby suspended and it is ordered that the appellant be released on bail upon his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifth Thousands Only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to depositing the fine amount (if not already deposited) with a further direction to appear before the Registry of this Court on 23.12.2023 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 03-02-2023 18:43:00

I.A. No.87/2023 is closed.

Certified copy, as per rules.

                              (VIVEK RUSIA)                              (ANIL VERMA)
                                  JUDGE                                     JUDGE

                           Praveen




Signature Not Verified
Signed by: PRAVEEN
NAYAK
Signing time: 03-02-2023
18:43:00