Jitendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 4492 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 3430 of 2022
                                            (JITENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-03-2023
                                 Mr. Deependra Singh Kushwah - Advocate for the appellants.

                                 Mr. R K Awasthi - Public Prosecutor for the respondent - State.

Heard on I.A. No. 284 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to appellant No. 2 - Surendra @ Billa.

This Criminal Appeal assails the judgment dated 10.3.2021 passed in

Special Sessions Trial No.400023/2016 by Special Judge, MPDVPK Act, Pichhore, District Shivpuri (M.P.) whereby, appellant No. 2 stood convicted under Section 394 of IPC r.w. Section 11/13 of MPDVPK Act and sentenced him to undergo 10 years RI with a fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. There are material contradictions and omissions in the statements of the prosecution witnesses. The identification is highly suspicious as it was conducted three months after the arrest of the appellant. Independent seizure

witnesses have not supported the prosecution case. Further argument is that appellant No. 1 has suffered more than one and half years of incarceration. He was on bail during trial and he did not misuse the liberty so granted. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to appellant No. 2 - Surendra @ Billa.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Mar-23 5:53:28 PM

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No. 284 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No. 2 - Surendra @ Billa shall remain suspended and he be released on bail. Appellant No. 2 is further directed to mark his appearance before the Office of this Court on 10/04/2023 and on

subsequent dates given by the Office in this regard, till final disposal of this appeal.

List in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Mar-23 5:53:28 PM