Madhya Pradesh High Court
Jitendra @ Jatan @ Ajit & Ors. vs The State Of M.P. on 8 July, 2015
CRA-1694-2002
(JITENDRA @ JATAN @ AJIT & ORS. Vs THE STATE OF M.P.)
08-07-2015
Shri Siddharth Datt, learned counsel for the appellants.
Shri Akhilendra Singh, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No. 8417/2015, repeat application for suspension of jail sentence and grant of bail filed on behalf of appellant No.2 Dhiraj Singh @ Dhir Singh @ Dhiru @ Amit, S/o Het Singh.
Appellant has been convicted for the offence under Sections 364/34, 394/34, 411 and 302/34 of the I.P.C. and sentenced to R.I. For 10 years with fine of Rs.5,000/- , R.I. For 10 years with fine of Rs.5,000/-, R.I. For 3 years with fine of Rs.5,000/- and Imprisonment for life with fine of Rs.5,000/- respectively with default stipulations. According to learned counsel for the appellants, this appellant has not been identified by Bhupendra (P.W.-11) and he has only identified appellant No.1, now dead. He also submits that except the Maruti Esteem car, nothing was seized from this appellant. He further submits that appellant No.2 has by now suffered jail sentence of more than 14 years and there is no likelihood of this appeal of the year 2002 to be heard finally in near future. On the other hand, Shri Akhilendra Singh, learned Govt. Advocate opposes the application. He has submitted that the oral objection may be considered, as he is not filing any written objection.
Having considered the submissions made by learned counsel for the parties and having gone through the impugned judgment and keeping in view the fact that appellant No.2 has by now served jail sentence of about 14 years, we are inclined to allow this application. Accordingly, this application is allowed. On appellant's depositing fine amount and on furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Bhopal, for his appearance before the Registry of this Court on 09.12.2015 and on such other subsequent dates, as may be fixed by the Registry in this regard, his jail sentence shall remain suspended and he be released on bail.
Certified copy as per rules.
(SHANTANU KEMKAR) (G.S. SOLANKI)
JUDGE JUDGE