Jitu @ Jitendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 10825 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 806 of 2016
                                        (JITU @ JITENDRA SINGH Vs THE STATE OF MADHYA PRADESH)



                          Dated : 13-07-2023
                                Ms. Sharmila Sharma, learned counsel for the appellant.

                                Shri Shrey Raj Saxena,learned Dy.Advocate General for the
                          respondent/State.

(1) Heard on I.A.No.4146/2023, which is third application filed under Section 389(1) of the Criminal Procedure Code, 1973 for suspension of jail

sentence and grant of bail filed on behalf of appellant -Jitu @ Jitendra Singh. Earlier applications have been dismissed vide orders dated 19.11.2018 and 27.09.2019 on the medical ground.

(2) The appellant has been convicted vide judgment dated 22.04.2016 passed by the learned Additional Sessions Judge, Susner, District Shajapur in S.T.No.335/2015 and sentenced him as under:-

Imprisonment Section & Act Imprisonment Fine in lieu of fine amount

3 months Life 302 of IPC Rs.1,000/- additional Imprisonment imprisonment.

(3) As per prosecution story, on 24.08.2015 deceased Mahesh Sharma, Prabhudayal and Nemichand were working at Maa Baglamukhi petrol pump situated at Agar Road, Susner. At around 10:00 P.M. they closed the petrol

Signature Not Verified pump and took dinner in a room, at that time, appellant came with one person in Signed by: REENA JOSEPH Signing time: 7/14/2023 6:47:07 PM

motorcycle and demanded petrol but the petrol pump was closed so they denied filling the petrol in the motorcycle. The appellant started yelling and abusing the deceased. After some time, some people came with ladies for petrol and they gave petrol to them, as they were with family. Thereafter, the appellant came again with his friend and abused and had fight with Nemichand and Prabhulal. When deceased Mahesh Sharma tried to explain, the appellant took out the knife from his pocket and attacked the deceased on his neck. After lodging of the FIR the deceased died and after completion of trial, the trial Court convicted and sentenced the appellant under the aforementioned Section.

(4) Learned counsel for the appellant submitted that appellant is in jail

since nine years and the incident took place on a sudden quarrel between the parties and there was no enmity between the deceased and the appellant. Final hearing of this appeal will take long time in near future. Hence, prays for suspension of jail sentence and grant of bail to the appellant.

(5) Learned counsel for the respondent/State opposes the prayer for suspension of sentence and prays for its rejection.

(6) We have heard the learned counsel for the parties and perused the record.

(7) Considering all the facts and circumstances of the case, perusing the evidence of the prosecution witnesses and the period of detention, we are of the opinion that the jail sentence of appellant is liable to be suspended.

(8) Accordingly, I.A.No.4146/2023 is allowed and it is directed 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 learned trial Court, the Signature Not Verified Signed by: REENA JOSEPH Signing time: 7/14/2023 6:47:07 PM

execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

(9) The appellant after being enlarged on bail shall mark his presence before the trial Court on 22/12/2023 and thereafter on all such subsequent dates, as may be fixed in this behalf.

Accordingly I.A.No.4146/2023 stands allowed and disposed off. Certified copy as per rules.

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

                          RJ




Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 7/14/2023
6:47:07 PM