Jaiprakash @ J.P. vs The State Of Madhya Pradesh
2024 Latest Caselaw 20996 MP

Madhya Pradesh High Court

Jaiprakash @ J.P. vs The State Of Madhya Pradesh on 2 August, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                               1                                   CRA-1409-2012
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 1409 of 2012
                                       (JAIPRAKASH @ J.P. AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                         Dated : 02-08-2024
                               Shri Sundaram Singh - Advocate for the appellants.
                               Shri Pradeep Pandey - Panel Lawyer for the respondent/State.

Heard on I.A No. 6882 of 2024, which is third application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant No.1- Jai Prakash @ JP.

His first application was dismissed on merits by order dated 15.12.2017 (I.A.No19850 of 2017) and second application was dismissed as not pressed by order dated 05.04.2019 (I.A.No.4991 of 2019).

The aforesaid appellant has been convicted for the offence punishable under Section 148 of IPC and sentenced to undergo R.I. for one year with fine of Rs.500/- and under Section 302/149 of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.1000/- with default stipulation.

Taking this Court to para 7 of impugned judgment wherein 10 injuries caused to the deceased have been shown, learned counsel for the appellant submits that out of 10 injuries, only one injury can be said to have caused by sword

possessed by four persons namely Akbar Miya, Athar, JP and Jitu. He submits that there is no other incised wound found on the body of the deceased. Learned counsel for the appellant also submits that other three co-accused persons namely Pooran Patel, Jagat @ Sarad and Santosh Tiwari have already been granted bail by this Court. The appellant is in actual custody of more than 13 years and has not committed any crime, who has falsely been implicated in the offence. The final hearing of this appeal is not possible in near future. Thus, it is prayed that

2 CRA-1409-2012

remaining jail sentence of the appellant may be suspended and he be released on bail.

Learned Panel Lawyer for the respondent/State has opposed the application and prays for its dismissal .

Taking into consideration overall evidence on record, especially, looking to the custody period of more than 13 years, we deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.ANo.6882 of 2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant is hereby suspended and it is directed that appellant No.1- Jai Prakash @ JP be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with solvent surety

of the like amount to the satisfaction of the trial Court with further direction to appear before the concerning trial Court on 25.10.2024 and also on such other dates as may be fixed by the trial Court in this regard during pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

                              (DWARKA DHISH BANSAL)                                 (ACHAL KUMAR PALIWAL)
                                     JUDGE                                                  JUDGE


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