Jitendra Rao vs The State Of Madhya Pradesh
2023 Latest Caselaw 10204 MP

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                               HIGH COURT OF MADHYA PRADESH AT INDORE
                                       CRIMINAL APPEAL NO.158 OF 2016
                                (Jitendra Rao & Another vs The State of Madhya Pradesh)


                         Indore, Dated 05.07.2023
                                Mr. Santosh Kumar Meena, counsel for the appellants.
                                Mr.    Gaurav       Singh    Chauhan,        counsel             for   the
                         respondent/State.

Heard on IA No.8032/2023 which is first application under Section 389 of Criminal Procedure Code, 1973, filed on behalf of appellant No.2 - Lakhan Rao S/o Babulal Rao who has been convicted by learned First Additional Sessions Judge, Rajgarh (Biaora) in Session Trial No.06/2014 vide judgment dated 08.01.2016 and has been sentenced him as under:-

                                       Conviction                          Sentence
                                Section &     Imprisonment   Fine Amount      Imprisonment in
                                   Act                                          lieu of fine
                               376-2(D) IPC    20 years RI   Rs.10,000/-         01 year RI
                                 366 IPC       07 years RI    Rs.2,000/-        06 months RI
                                 506 IPC       01 year RI     Rs.2,000/-          ............




                         (2)    Counsel for the appellants submits that appellant No.2

was in jail since 28.12.2013 to till today and there are many

Signature Not Verified Signed by: ARUN NAIR Signing time: 07-07-

2023 10:00:30

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.158 OF 2016 (Jitendra Rao & Another vs The State of Madhya Pradesh)

contradicitons and omissions in the statement of prosecution witnesses and no specific allegation has been levelled against the present appellant. He submits that final disposal of this appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellant No.2. (3) Per contra, counsel for the respondent/State has opposed the application and prays for its rejection. (4) Having considered the facts and circumstances of the case and looking to the period of detention of appellant, it is a fit case for grant of suspension to the appellant No.2. Accordingly, application IA No.8032/2023 is being allowed. (5) It is directed that substantive jail sentence of appellant No.2 - Lakhan Rao S/o Babulal Rao shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of concerned trial Court for his appearance on 15.12.2023 and on all other subsequent dates as may be fixed by the Court concerned in this behalf.

Signature Not Verified Signed by: ARUN NAIR Signing time: 07-07-

2023 10:00:30

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.158 OF 2016 (Jitendra Rao & Another vs The State of Madhya Pradesh)

Accordingly, application IA No.8032/2023 stands disposed of. (6) List the appeal for final hearing in due course. (7) Certified copy, as per Rules.

                                        (S.A. DHARMADHIKARI)                             (HIRDESH)
                                              JUDGE                                       JUDGE

                         Arun/-




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 07-07-
2023 10:00:30

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.158 OF 2016 (Jitendra Rao & Another vs The State of Madhya Pradesh)

Signature Not Verified Signed by: ARUN NAIR Signing time: 07-07-

2023 10:00:30