Jitendra Singh @ Jeetu Rajput vs The State Of Madhya Pradesh
2023 Latest Caselaw 1090 MP

                                                         1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                  CRA No. 8943 of 2022
                           (JITENDRA SINGH @ JEETU RAJPUT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

               Dated : 18-01-2023
                           Shri D.S.Tomar, learned counsel for the appellants.

                           Shri Anil Shukla, learned Public Prosecutor for the respondent/State.

Heard on IA.No.19100/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants No.4 & 5- Govind Singh & Rajendra Singh.

In brief prosecution case is that on 5.6.2014 complainant Raghuveer lodged a report at police Station Raghogarh that in the morning at 11.30 am he went near river to attend call of nature, at that juncture, accused Arvind, Jeetu and Mahendra carrying Farsi and accused Bablu and Gajendra Singh with Lathi came there and due to previous enmity started beating him. Jeetu inflicted blow of Farsi on left ear due to which his left ear was amputated and blood started oozing out, Mahendra inflicted blow of Farsi on his left shoulder, Arvind inflicted blow of Farsi on back side of his head and appellants Govind Singh @ Bablu and Gajendra Singh @ Rajendra Singh inflicted Lathi blow at his right

shoulder and right leg. Case was registered. Appellants were arrested. After completion of investigation, charge-sheet has been submitted. After trial, appellants have been convicted under Sections 148 and 307/149 of IPC with maximum sentence of 7 years RI.

It is submitted by learned counsel for the appellants that during trial, they remained in custody for about fifteen months and thereafter from the date of Signature Not Verified judgment i.e. 30.8.2022 they are in custody. As alleged, they were armed with Signed by: MADHU SOODAN PRASAD Signing time: 19-01-2023 09:42:07 AM Lathi at the time of incident. Final hearing of the appeal will take time and

appellants have a good case on merit. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.19100/2022 is allowed and it is directed that jail sentence of appellants will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of concerned Trial

Court for their appearance before the Principal Registrar of this Court on 2nd May, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 19-01-2023 09:42:07 AM