Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 1489 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 7775 of 2018
                                               (JITENDRA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-01-2023
                                Shri Amit Singh Chauhan - Advocate for appellant.

                                Shri Hemant Sharma - Govt. Advocate for the respondent/State.

Heard on IA.No.17043/2022 which is an application for urgent hearing. Matter is already taken up for hearing. Therefore, IA.No.17043/2022 stands disposed off being rendered infructuous.

Also heard on IA.No.15678/2022, which is second application under Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Jitendra Bhilala.

Appellant has been convicted vide judgment dated 20/08/2018 passed in Special Case No.31/2018 by Special Judge, POCSO Act, West Nimar, Mandleshwar (M.P.) under Sections 5(L)(N) r/w Section 6 of POCSO Act r/w Section 376(2)(f)(i)(n) of the IPC, 363, 366 and 344 of IPC and has been sentenced to under go 10 years RI with fine of Rs.2,000/-, 03 years RI with fine of Rs.500/-, 05 years RI with fine of Rs.1,000/- and 01 year RI with fine of

Rs.500/- respectively with usual default stipulation.

Learned counsel for the appellant submit that appellant is an innocent person and he has been falsely implicated in this matter. There are material contradictions and omissions in the statement of the witnesses. During the trail appellant was on bail and he has never misused the liberty granted to him. Appellant is in jail since the date of judgment and has suffered jail incarceration for almost six years and eight months, meaning thereby, he has suffered almost 70% of the total jail sentence awarded to him. This criminal appeal is pending Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/25/2023 4:43:41 PM

since 2018 and 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.

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 was on bail during the trial; there is no complaint that he has misused the liberty granted to him; he has completed almost seventy percent jail sentence

out of the total sentence awarded to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A. No.15678/2022 are allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate 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 20/06/2023 and on all such subsequent dates, which are fixed in this behalf.

Certified copy as per rules.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/25/2023 4:43:41 PM

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/25/2023 4:43:41 PM