Pintu @ Jitendra vs The State Of Madhya Pradesh
2024 Latest Caselaw 14990 MP

Madhya Pradesh High Court

Pintu @ Jitendra vs The State Of Madhya Pradesh on 20 May, 2024

Author: Anil Verma

Bench: Anil Verma

                                                               1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                       CRA No. 1210 of 2022
                                             (PINTU @ JITENDRA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-05-2024
                                  Shri Madhusudan Yadav Advocate for appellant.

                                  Shri Amit Raval Government Advocate for State.
                                  Heard on I.A.No.2169/2024, which is second application under Section
                           389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on
                           behalf of the appellant Pintu @ Jitendra.
                                  Appellant stands convicted under Sections 392 and 397 of Indian Penal

                           Code, 1860 and has been sentenced to undergo 03 years RI with fine of
                           Rs.500/- and 07 years RI with fine of Rs.1,000/- respectively with usual default
                           stipulation.
                                  Learned counsel for the appellant submits that appellant is an innocent
                           person and he has been falsely implicated in this matter. He has already suffered
                           jail incarceration for a period of almost 03 years. The offence has taken place in
                           the year 2007 and only Rs.5,000/- has been recovered from the possession of
                           present appellant. Jail sentence of co-accused Anil Bagri has been suspended
                           by this court vide order dated 19.4.2024 passed in Cri.A. No. 1833/2022 in

                           similar circumstances. There are material contradictions and omissions in the
                           statement of the witnesses. Looking to old pendency of the cases for
                           consideration, final conclusion of this appeal would take sufficient long time.
                           There is a strong case in favour of the appellant. Hence, the execution of the
                           remaining part of the jail sentence of the appellant be suspended till the final
                           disposal of this appeal.
                                  P e r contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection by submitting that the trial Court after due consideration of the evidence available on record, convicted the appellant. Hence, he is not entitled to grant benefit of suspension of sentence.

Heard learned counsel for the parties and perused the entire record with due care.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant has is languishing in jail for almost 03 years; as per the judgment of trial Court he is not having any criminal background; offence has taken place in

the year 2007, jail sentence of co-accused has been suspended, and final conclusion of the appeal will also take sufficient long time I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No. 2169/2024 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 22/07/2024 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

(ANIL VERMA)

JUDGE BDJ