Govinda vs The State Of Madhya Pradesh
2023 Latest Caselaw 18154 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 11682 of 2023
                                          (GOVINDA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-10-2023
                                 Shri Jitendra Shrivastava - Advocate for appellants.

                                 Shri Yadvendra Dwivedi - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard o n I.A. No. 21955/2023, this is first application for

suspension of sentence and grant of bail filed under Section 389 (1) of Cr.P.C. on behalf of appellants - Govinda and Jitendra.

At the very outset, learned counsel for appellants seeks leave of this Court to withdraw this application with regard to appellant No.1- Govinda.

Prayer is allowed.

Accordingly, present application stands dismissed as withdrawn with respect to appellant No.1- Govind.

T he appellant No.2- Jitendra has been convicted vide judgment dated 06/09/2023 passed by Sessions Judge, Burhanpur in S.T. No. 54/2020 and

appellant No.2 has been found guilty for commission of offence punishable under Section 307/34 of IPC and sentenced to undergo RI for 7 years and to pay fine of Rs.3,000/- with usual default stipulations.

Learned counsel for the appellant No.2 submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant No.2 for aforesaid offence. The only allegation against appellant No.2 is that he assaulted the complainant by kicks and fists. There are fair chances of success of this appeal and final hearing of Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM

same will take considerable time, therefore, if remaining custodial sentence has n o t been suspended, then the appeal filed by appellant No.2 may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant No.2 on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellant No.2 and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case, contention o f learned counsel for the appellant coupled with the fact that appellant No.2

has assaulted the complainant by kicks and fists and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant No.2-Jitendra shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 22/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course. Certified copy as per rules

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/31/2023 6:11:30 PM