Jasrath Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 14337 MP

Madhya Pradesh High Court

Jasrath Singh vs The State Of Madhya Pradesh on 15 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 3914 of 2023
                                        (JASRATH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-05-2024
                                 Mr. Girdhar Gopal Shivhare - Advocate for the appellants.

                                 Mr. Alok Sharma - Panel Lawyer for the respondent - State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No.13994 of 2023, first application under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant No. 1 - Jasrath Singh.

This Criminal appeal assails the judgment dated 27.2.2023 passed by the Special Judge, MPDVPK Act, Karera, District Shivpuri (M.P.) in S.C. No.01/2017 by which appellant No. 1 - Jasrath Singh has been convicted for the offence under Section 120 (B) of IPC to undergo rigorous imprisonment of ten years with fine of Rs.5000/- and under Section 412 of IPC r.w. 12 of MPDVPK Act to undergo rigorous imprisonment of five years with fine of Rs.2000/-, with default stipulations.

Learned counsel for the appellants submitted that learned trial Court has wrongly convicted the appellant ignoring the fact that all material witnesses have

not supported the case of the prosecution and turned hostile. Witnesses of seizure of katta Yogesh (PW-16) and Kalli (PW-17) have turned hostile. Inured Brajesh (PW-3) has also not identified the appellant. Even PW-5 Dharmendra and PW-26 Narendra Soni have not supported the case of the prosecution in respect to identification of accused persons. Since, FIR was lodged against unknown persons, question of identification is highly important, however, in view of the above, it is apparent that the appellant has not been identified by the

witnesses. Under these circumstances so also in the light of the fact that appellant has already served almost 17 months of incarceration out of total jail sentence awarded and this criminal appeal is likely to take long time to conclude, he prayed to suspend the jail sentence of the appellant No. 1 - Jasrath.

Per contra, learned counsel for respondent/State opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

In view of the facts and circumstances of the case, but without

expressing any opinion on the merits of the case, the application (I.A.No.13994 of 2023) is allowed.

It is directed that appellant No. 1 - Jasrath be released on bail subject to depositing of fine amount, if not already deposited, as well as on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court. The appellant shall now appear before the Registry of this Court on 23.9.2024 and on all other dates which may be given by the Office for their appearance.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AKS