Madhya Pradesh High Court
Jogi vs The State Of Madhya Pradesh on 10 May, 2023
Author: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 854 of 2008
(JOGI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-05-2023
Shri Ajay Jain - Advocate for the appellants.
Shri Pramod Kumar Pandey - Government Advocate for the
respondent/State.
I. A. No.20857/2021, an application filed u/S.389(1) of Cr.P.C. for
suspension of sentence on behalf of appellants is taken up and considered
alongwith the reply of the State.
This criminal appeal assails the judgment dated 18.03.2008 passed in
S.T. No.05/2005 by the Additional Sessions Judge Multai, District Betul (M.P.)
whereby appellant No.12 has been convicted u/Ss.147,323/149 (five counts),
436/149 (five counts) and 302/149 (three counts) of IPC and sentenced to
undergo R.I. for 02 years, R.I. for one year for each count, life imprisonment
with fine of Rs.300/- for each count and life imprisonment with fine of Rs.300/-
for each count respectively with default stipulations.
It is seen from the record that all the appellants in this appeal were
convicted by the Trial Court. In the High Court, appeal of some of the
convicted persons was allowed and they were acquitted, while the remaining
appellants, whose appeal was dismissed approached the Apex Court in
Criminal Appeal No.1350/2021 (Jogi & Others vs. State of M.P.), which was
finally decided on 08.11.2021. The Apex Court in respect of appellant
No.19,21,24,38 and 44 affirmed the conviction whereas in respect of appellant
No.1,3,5 to 8,10,12 to 14,16 to 18,20,22,25,27,29 to 30, 32 to 37, 39 and 43 set
aside the conviction and remanded the case for consideration by High Court
Signature Not Verified
Signed by: MOHAMMED
MOHSIN QURESHI
Signing time: 5/11/2023
10:31:55 AM
with the observation that endeavor should be made to decide the appeal within
three months with liberty to convicted appellants to seek bail.
It is submitted by learned counsel for appellant despite listing of this
matter in final hearing list, hearing has not yet taken place and appeal for
consideration is pending.
In the backdrop of aforesaid events, it is submitted in respect of
appellant No.12 Ammilal that he is nearly 80 years of age and is therefore old
and ailing and has suffered nearly 12 years of custody and there is no hope of
this appeal being decided in near future.
However, considering the age and fragile physical state of appellant
No.12, this Court for the time being extends the benefit of suspension of
sentence to appellant No.12 (Ammilal) by way of suspension of sentence.
Hence, I.A. No.20857/2021 is partly allowed so far it relates to appellant No12.
It is directed that jail sentence of appellant No.12 - Ammilal will remain
under suspension subject to deposit of fine amount, if not already deposited,
and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand
Only) with two solvent sureties of the like amount to the satisfaction of
concerned available Magistrate for his appearance before concerned available
Magistrate on 11.07.2023 and on such further dates as may be fixed in this
regard which shall be of frequency not less than once a year.
A copy of this order be sent to the Trial Court concerned for
compliance.
I.A. No.3342/2022 stands dismissed as having become infructuous as
regards appellant No.12 since suspension order has already been passed in
respect of said appellant in I.A. No.20857/2021.
Signature Not Verified
List the matter in the week commencing 19.06.2023 for consideration
Signed by: MOHAMMED
MOHSIN QURESHI
Signing time: 5/11/2023
10:31:55 AM
of I.A. Nos.20857/2021 & 3342/2022 as regards remaining appellants.
C.C. as per rules.
(SHEEL NAGU) (MANINDER S. BHATTI)
JUDGE JUDGE
mohsin
Signature Not Verified
Signed by: MOHAMMED
MOHSIN QURESHI
Signing time: 5/11/2023
10:31:55 AM
