Jeevan vs The State Of Madhya Pradesh
2023 Latest Caselaw 15648 MP

                                                               1
                               HIGH COURT OF MADHYA PRADESH AT INDORE
                                         CRIMINAL APPEAL NO.15 OF 2023
                                            (Jeevan vs The State of Madhya Pradesh)


                         Indore, Dated 22.09.2023
                                Mrs. Sharmila Sharma, counsel for the appellant.
                                Mr.     Gaurav        Singh     Chauhan,          counsel       for      the
                         respondent/State of Madhya Pradesh.

Heard on IA No.9090 of 2023 which is an application for urgent hearing of the case.

(2) For the reasons stated in the application, the same is allowed. Accordingly, IA No.9090 of 2023 stands disposed of. (3) Also heard on IA No.9089 of 2023 which is first application under Section 389 of Criminal Procedure Code, 1973, filed on behalf of sole appellant - Jeevan S/o Bharat who has been convicted by learned Additional Sessions Judge, Badnawar, District - Dhar (MP) in Session Trial No.31/2019 vide judgment dated 16.12.2022 and has been sentenced him as under:-

                                         Conviction                             Sentence
                               Section & Act    Imprisonment   Fine Amount        Imprisonment in lieu
                                                                                         of fine
                                302/34 IPC           Life      Rs.5000-5000/-          01 year RI
                                                Imprisonment    Total-10000
                                                  (2 Times)
                                  201 IPC        07 years RI       Rs.1000/-         06 months RI
                                  404 IPC         01 year RI       Rs.500/-          03 months RI




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 23-09-
2023 10:46:01

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.15 OF 2023 (Jeevan vs The State of Madhya Pradesh)

(4) Counsel for the appellant submits that appellant has been falsely implicated in the aforementioned case. The appellant has been implicated on the basis of memorandum of co-accused - Kanhaiya under Section 27 of Evidence Act, 1872. He submits that there are so many contradictions and omissions in the statements of prosecution witnesses. The final disposal of this appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellant.

(5) Per contra, counsel for the respondent/State of Madhya Pradesh has opposed the application and prays for its rejection. (6) Heard counsel for both the parties and perused the original record.

(7) Having considered the facts and circumstances of the case and the fact that final disposal of this appeal would take considerably long time to conclude, we are of the considered opinion that appellant - Jeevan S/o Bharat deserves to be released on bail. Accordingly, application IA No.9089 of 2023 is allowed. (8) It is directed that substantive jail sentence of appellant - Jeevan S/o Bharat shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one

Signature Not Verified Signed by: ARUN NAIR Signing time: 23-09-

2023 10:46:01

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.15 OF 2023 (Jeevan vs The State of Madhya Pradesh)

solvent surety of like amount to the satisfaction of concerned trial Court for his appearance on 19.12.2023 and on all other subsequent dates as may be fixed by the Court concerned in this behalf. Accordingly, application IA No.9089 of 2023 stands disposed of. (9) List the appeal for final hearing in due course. (10) Certified copy, as per Rules.

                                        (S.A. DHARMADHIKARI)                                 (HIRDESH)
                                              JUDGE                                           JUDGE

                         Arun/-




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 23-09-
2023 10:46:01