Jitu @ Jitendra And Anr. vs The State Of Madhya Pradesh
2023 Latest Caselaw 7336 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                      CRA No. 1288 of 2013
                                 (JITU @ JITENDRA AND ANR. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-05-2023
                               Shri Ashish Vyas - Advocate for appellant.

                               Shri Amit Rawal - Government Advocate for the respondent/State.

I.A.No. 6001/2023, an application for urgent hearing is taken up for hearing and the same is allowed.

Also heard on I.A. No.5989/2023, which is first application under

Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant No.1- Jitu @ Jitendra.

Appellant stands convicted for offence under Section 376(2)(g), 342, 506-B of Indian Penal Code, 1860, sentenced to undergo Life imprisonment with fine of Rs.10000/-, 1 year R.I. with fine of Rs.500/- and 1 year R.I. with fine of Rs.500/- with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. His contention is that appellant has completed more than 11 years and 10 months jail incarceration

and appeal is not likely to be heard finally in near future and it would take sufficient long time, therefore, in the light of judgment of the apex Court in the case of Sudan Singh V/s. State of U.P. [SLP (Crl.) No.4633/2021 decided on 05/10/2021, the jail sentence of appellant is liable to be suspended. There are material contradictions and omissions in the statement of the witnesses and there is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Signature Not Verified Signed by: SUMATHI Signing time:

5/4/2023 5:56:26 PM

P e r contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant has already suffered jail incarceration of more than twelve years and nine months, final conclusion of the appeal will take sufficient long time, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.5989/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant 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 execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 23/11/2023 and on all such subsequent dates, which are fixed in this behalf.

I.A. Nos. 5989/2023 and 6001/2023 stands disposed of. Certified copy as per rules.

                            (VIVEK RUSIA)                                                  (ANIL VERMA)
                               JUDGE                                                           JUDGE

                         sumathi




Signature Not Verified
Signed by: SUMATHI
Signing time:
5/4/2023 5:56:26 PM