Jitendra vs The State Of Madhya Pradesh
2024 Latest Caselaw 5814 MP

Madhya Pradesh High Court

Jitendra vs The State Of Madhya Pradesh on 26 February, 2024

Author: Chief Justice

Bench: Chief Justice

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 16235 of 2023
                                         (JITENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-02-2024
                                Shri Shailendra Verma - Advocate for appellants.

                                Shri Yogesh Dhande - Public Prosecutor for respondent.

                                I.A. No.30786 of 2023 for urgent hearing is allowed and disposed off.
                                IA No.30785 of 2023 is the first application filed under Section 389(1) of
                          the Cr.P.C. on behalf of appellant Nos.5 and 6 namely Paramlal and Sandeep

                          respectively for suspension of sentence and grant of bail.
                                Appellants Paramlal and Sandeep have been convicted under Sections
                          148, 302 read with Section 149 of the IPC and sentenced to RI for three years
                          and to pay a fine of Rs.500/- and life imprisonment and to pay a fine of
                          Rs.500/- with default stipulations as mentioned in impugned judgment dated
                          14.12.2023 passed by the Second Additional Sessions Judge, Rehli, District
                          Sagar in S.T. No.60 of 2021.
                                Facts as proved before the trial Court against the appellants-accused are

that on 28.06.2021 at about 10:00 p.m. there was a dispute between deceased

Madan and appellants-accused alongwith three co-accused persons. Injuries were caused by spade and iron rod on the head and other parts of the body of deceased Madan.

It is argued that the incident was not premeditated. It was due to sudden and grave provocation at the spur of moment and role of appellants-accused is not specifically proved.

State has opposed the prayer for suspension of sentence by submitting that the conviction and sentence of accused-appellants is justified and well-

reasoned. Prosecution has proved the case through eyewitnesses Pyarelal (PW1), Raju Prasad (PW2) and Mukundi (PW3).

On perusal of the conclusion in the background of the incident and the weapons used in the incident, this Court finds that appellants-accused are entitled for suspension of sentence and grant of bail.

Appellant Nos. 5 and 6 - Paramlal and Sandeep are directed to be enlarged on bail, subject to each of them depositing the fine amount and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court for their appearance before the trial Court/concerned Court on

15.07.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

Accordingly, I.A. No. 30785 of 2023 is allowed.

                               (RAVI MALIMATH)                                     (GAJENDRA SINGH)
                                 CHIEF JUSTICE                                          JUDGE

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