Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 8903 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRR No. 2073 of 2023
                                                (JITENDRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-06-2023
                                 Shri Bushra Khan - Advocate for the petitioner.

                                 Shri Prashant Jain Gwaliory- Govt. Advocate for the respondent /State.

Record of the Court has been received.

Heard on admission.

Revision is admitted for final hearing.

2/ Heard on I.A. nos. 7120/2023 and 7121/2023, which are the applications for urgent hearing.

3/ The matter has already been taken up for hearing, therefore, both the applications are disposed of being rendered infructuous.

4/ Also heard on I.A. no. 6774/2023 which is an application filed under section 397 of Cr.P.C on behalf of petitioner Jitendra for grant of bail and suspension of remaining jail sentence.

5/ The petitioner has been convicted under sections 451 and 380 of IPC and sentenced to undergo one year R.I with fine of Rs. 2000/- and one

year R.I with fine of Rs. 1000/- with default stipulation vide judgment dated 01/05/2023 passed by the first Appellate Court.

6/ Learned counsel for the petitioner contended that the petitioner is innocent and has been falsely implicated in this offence. During trial, he was remained on bail and has not misused the liberty granted to them. There is material contradictions and omissions in the statement of the prosecution witnesses There is strong case in favour of the petitioner. Final disposal of both the revisions will take considerable long time. Under these circumstances, he Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 16-06-2023 10:18:39

prays that the application be allowed and the remaining jail sentence of the petitioner be suspended till final disposal of the revision.

7/ Learned GA for the respondent/State opposed the prayer for grant of bail and suspension of remaining jail sentence of the petitioners by submitting that the petitioner has been properly convicted and sentenced by the trial Court.

8/ Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the petitioner remained on bail during trial and he has not misused the liberty granted to him and final disposal of both the revisions are likely to take sufficient long time, I

deem it proper to suspend the remaining jail sentence of both the petitioner and grant bail to the petitioner.

9/ Accordingly, I.A. no. 6774/2023 is allowed and the execution of remaining jail sentence of the petitioner is hereby suspended till the final disposal of this revision and it is ordered that both the petitioner be released on bail upon his depositing the fine amount, if not already deposited, and upon his furnishing a personal bond in the sum of Rs.75,000/- ( Rs. Seventy Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 30/10/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this revision.

List the matter for final hearing in due course. C.C. as per rules.

(ANIL VERMA) JUDGE Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 16-06-2023 10:18:39

amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 16-06-2023 10:18:39