Madhya Pradesh High Court
Chironji @ Jitendra Bhadauriya vs The State Of Madhya Pradesh on 30 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 273 of 2016
(CHIRONJI @ JITENDRA BHADAURIYA Vs THE STATE OF MADHYA PRADESH)
Dated : 30-05-2024
Shri Jitendra Singh Rathore, learned counsel for the appellant.
Shri Rajesh Shukla, Additional Advocate General for the
respondent/State.
1. Heard on I.A. No. 9645 of 2024, which is seventh repeat application
under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail
moved on behalf of appellant Chironji @ Jitendra Bhadauria.
2. Appellant stands convicted under Section 324 of IPC and sentenced
to undergo R.I. three years with fine of Rs.5,000/-, Section 302/34 of the I.P.C.
and sentenced to undergo life imprisonment and Section 24(1-Kha)(ka) and
Section 27 of the Arms Act and sentenced to undergo R.I. three years with fine
of Rs.3000-3000/- vide judgment o f conviction and order of sentence dated
5.12.2015 passed by the Fourth Additional Sessions Judge, District Bhind in
Sessions Trial No.159/2012.
3. The allegation against the present appellant is of firing on deceased -
Chandrapal by means of katta which hit on the stomach of deceased, due to
which he died.
4. Learned counsel for the appellant submits that as per certificate issued
by the Jail Authority the appellant has completed actual 12 years of jail sentence
and with remission 15 years of jail sentence. He has been granted suspension of
sentence in another criminal appeal No.1014/2014 in which he was also
convicted under Section 302 of the I.P.C. and Section 25 and 27 of the Arms
Act. Apart from that two more cases are registered against him under Sections
323, 294 and 431 of I.P.C etc but in that cases looking to the period of
custody, he has been granted suspension of sentence. Learned counsel placing
reliance on the observations made by the Apex Court in the case of Saudan
Singh Vs. State of Uttar Pradesh reported in 2021 SCC OnLine SC 3259
submits that the Apex Court has directed the High Court to grant suspension of
sentence to those convicts who have completed eight years actual jail sentence
and not involved in any heinous nature of crime. This appeal is of the year 2016
and there is no possibility of early hearing of these appeal in near future, hence,
prays for suspension of sentence and grant of bail to the appellant on the
ground of period of custody.
5. Learned Govt. Advocate opposes the applications for suspension of
sentence and prays for its rejection.
6 . Considering the over all facts and circumstances of the case but
without commenting on the merits of the case, we deem it proper to suspend
the remaining jail sentence of present appellant.
7. Accordingly, I.A. No. 9645 of 2024 is allowed and the execution of
remaining jail sentence o f appellant Chironji @ Jitendra Bhadauria is
hereby suspended till the final disposal of this appeal and it is ordered that the
appellant be released on bail on his depositing the fine amount, if not already
deposited, and upon furnishing a personal bond for a sum of Rs.1,00,000/-
(Rs. One Lac Only) with one solvent surety in the like amount to the
satisfaction of the trial Court, with a further direction to appear before the
Registry of this Court on 23.09.2024 and on such other dates, as may be fixed
by the Registry of this Court in this regard during the pendency of this appeal.
C.C. as per rules.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Ahmad
