Jitendra @ Jittu Yogi vs The State Of Madhya Pradesh
2024 Latest Caselaw 14542 MP

Madhya Pradesh High Court

Jitendra @ Jittu Yogi vs The State Of Madhya Pradesh on 16 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     CRA No. 1748 of 2024
                                        (JITENDRA @ JITTU YOGI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-05-2024
                                 Shri Ghanshyam Pandey - Advocate for the appellant.

                                 Shri L.A.S.Baghel - Govt. Advocate for respondent/State.

Heard on admission.

Admit.

Record of the court below be requisitioned.

Appellant has filed I.A. No.2985/2024 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail.

2. Appellant has been convicted under Sections 8(C) r/w 20(b)(ii) (B) of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.10,000/- with default stipulations.

3. It is submitted by learned counsel for the appellant that appellant is in jail since 25.1.2024 and there is no likelihood of hearing of appeal in near future. It is submitted that appeal may become infructuous with lapse of time. In these circumstances, sentence may be suspended and

appellant may be released on bail.

4. Learned Govt. Advocate appearing for the respondent/State opposed the application for suspension of sentence.

5. Heard the counsel for the parties.

6. Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat, reported in (1999) 4 SCC 421 has held that when a convicted person is sentenced to a fixed period of sentence

and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances.

7. Considering the aforesaid judgment passed by Apex Court and the fact that fixed term sentence has been imposed against the appellant, I.A. for suspension of sentence is allowed.

8. It is hereby directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his depositing the entire amount of fine, if not already deposited, and furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety bond of

the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 8.08.2024 and on other dates as may be fixed in this regard till final disposal of this appeal.

9. List the appeal for final hearing in motion stage after four weeks. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

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