Jitendra Singh @ Jeetu Rajput vs The State Of Madhya Pradesh
2023 Latest Caselaw 7458 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     CRA No. 8943 of 2022
                              (JITENDRA SINGH @ JEETU RAJPUT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 08-05-2023
                               Shri D.S. Tomar, learned counsel for the appellants.

                               Smt. Padmshri Agrawal, learned counsel for the respondent- State.

Heard on I.A.No.6720 of 2023 which is the first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants no.1, 2 and 3, namely, Jitendra Singh alias Jitu Rajput, Mahendra Singh and Arvind Singh.

In brief, prosecution case is that on 5.6.2014 complainant Raghuveer lodged a report at police Station Raghogarh that in the morning at 11.30 am he went near river to attend call of nature, at that juncture, accused appellant no.3 Arvind, accused -appellant no.1 Jitendra alias Jeetu and accused- appellant no.2 Mahendra carrying Farsi and accused - appellant no. 4 Govind Singh alias Bablu and accused - appellant no.5 Rajendra Singh alias Gajendra Singh with Lathi came there and due to previous enmity, started beating him. Jeetu inflicted blow of Farsi on left ear due to which his left ear was amputated and blood started oozing out, Mahendra inflicted blow of Farsi on his left shoulder, Arvind

inflicted blow of Farsi on back side of his head and appellants Govind Singh @ Bablu and Gajendra Singh @ Rajendra Singh inflicted Lathi blow at his right shoulder and right leg. Case was registered. Appellants were arrested. After completion of investigation, charge-sheet was filed. After trial, appellants have been convicted under Sections 148 and 307/149 of IPC with maximum sentence of 7 years RI.

It is submitted by learned counsel for the appellants that during trial, they Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM

have already served near about one year of jail sentence and from the date of judgment i.e. 30.8.2022 they are in custody. As per allegation, the present appellants were armed with farsi at the time of incident. Final hearing of the appeal will take time and appellants have a good case on merit. It is further submitted that co-convicted accused appellants no. 4 and 5 have already been released on bail by way of suspension of jail sentence vide order dated 18-01- 2023. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the suspension application and prayed for its rejection.

Considering the aforesaid facts and circumstances of the case, but

without commenting upon merits of the case, IA is allowed and it is directed that jail sentence of appellants no.1 to 3 will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 20th November, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/9/2023 10:32:04 AM