Madhya Pradesh High Court
Jitendra Singh @ Jeetu vs The State Of Madhya Pradesh on 3 May, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-12035-2022
(JITENDRA SINGH @ JEETU Vs . STATE OF MADHYA PRADESH)
DATED:- 03-05-2023
Shri M.L. Yadav - Advocate for the appellant.
Shri Pramod Pachauri - Public Prosecutor for the respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, hence, it is admitted for final hearing.
Learned counsel for the State accepts notice on behalf of the
respondent/State.
Let record of the trial Court be called for.
Also heard on I.A. No.7909/2023, an application under Section 389 (1) of
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole
appellant - Jitendra Singh @ Jeetu.
This appeal has been preferred against the judgment dated 02/12/2022
passed by Special Judge (MPDVPK Act), District- Bhind (M.P.) in SC
DOCT/48/2013, whereby the appellant has been convicted and sentenced as under:-
Sections Sentence Fine (Rs.) Default
Stipulation
395 read with Section 397 of IPC 10 Years RI 5000/- 3 Months RI
read with Sections 11/13 of
MPDVPK Act
25(1-B)(A) of Arms Act 3 Years RI 2500/- 2 Months RI
As per the prosecution case, on 08/02/2013, the complainant
-Rajendra Sharma lodged an FIR against unknown persons that when he was
returning back to his house and as soon as he reached near circuit house, 3-4
unknown persons came there and caught hold of him and snatched his two
mobile phones and cash of Rs.27,970/- from his possession on the gun point.
On the basis of aforesaid, crime has been registered. Thereafter, appellant
was arrested and after investigation charge-sheet was submitted.
Learned counsel for the appellant submits that appellant is aged about
32 years and he has been falsely implicated in this case. He is not concerned
with the case directly or indirectly. The appellant has been wrongly
convicted by the learned trial Court. The appellant was on bail during trial
and he has not misused the liberty granted to him. The appellant is the
permanent resident of District- Bhind (M.P.) and there are fair chances of
success of this appeal and the appeal may take long time for its conclusion
and the appellant cannot be kept in custody for an unlimited period. Under
these circumstances, the execution of sentence be suspended and the
appellant be released on bail.
On the other hand, learned Public Prosecutor appearing on behalf of
the respondent/State opposed the application and prayed for rejection of this
application.
Keeping in view of the aforesaid submissions of learned counsel for
the parties and the fact that an early hearing of this case is not possible, I.A.
No.7909/2023 is allowed.
It is, therefore, directed that if appellant deposits the entire fine
amount, if not already deposited, and furnishes a personal bond in the sum of
Rs.25,000/-(Rupees Twenty Five Thousand Only) to the satisfaction of
trial Court for his appearance before the Registry of this Court on 20th of
October, 2023 and on such subsequent dates as may be fixed in this regard,
sentence of imprisonment awarded to him, shall remain suspended till further
orders and he shall be released on bail.
IA No.7909/2023 stands allowed and disposed of.
A copy of this order be sent to the trial Court concerned for necessary
compliance.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
Digitally signed by RAHUL SINGH PARIHAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
RAHUL SINGH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001, st=Madhya Pradesh,
rahul
2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676
d0cde4dee473fe77953f5,
PARIHAR
pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D
487,
serialNumber=0275C4F803F94C47998BE5C534E21BDED910
FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH
PARIHAR
Date: 2023.05.04 17:44:31 +05'30'
