Deepak Jat vs State Of Madhya Pradesh

Heard on the question of admission.

Record of the Courts below has been received.

Revision is admitted for hearing.

Also heard on I.A.No.2627/2020 an application for suspension of sentence and grant of bail to the applicant.

The revision has been preferred by the applicant against judgment dated 30.01.2020 passed by the IV Additional Sessions Judge, Jabalpur District-Jabalpur in Criminal Appeal No.164/2019 whereby the learned Appellate Court has dismissed the appeal and affirmed the judgment and conviction order dated 09.03.2011 passed in Criminal Case No.7429/2009 passed by Presiding Judge, JMFC Jabalpur District-Jabalpur.

Applicant stands convicted for an offence punishable under Section 457 of the IPC and has been sentenced to undergo RI for 02 years with fine of Rs.300/- in default of payment of fine, additional SI for 01 month and under Section 380 of the IPC and has been sentenced to undergo RI for 01 year with fine of Rs.200/- in default of payment of fine, additional RI for 01 month.

Learned counsel for the applicant submits that the applicant is in jail since 30.01.2020 and during trial he was in jail from 04.07.2009 to 18.08.2009 and 03.05.2010 to 07.05.2010. As per seizure memo Ex.P/5, 100 coins of Rs.5/- total valuing Rs.500/- were seized from the possession of the present applicant, but there is no eye witness available on the record, who saw that the present applicant was stolen the aforesaid money from the complainant's shop. Apart from that there is possibility to get benefit under the provisions of Offenders Act. He also submits that there are many contradictions, omissions and improvements in the version of the prosecution witnesses. There is no criminal antecedent against the present applicant. He further submits that there are fair chance to succeed in the case. The final hearing of this revision will take time. If the applicant is not released on bail, purpose of filing this application will be futile. Therefore, the application filed on behalf of the applicant may be allowed and the period of his remaining jail sentence may be suspended and he may be released on bail.

Learned P.L. for the respondent/State opposes the said application.

After having heard rival submissions at length, looking to the facts and circumstances of the case, there is no criminal antecedent against the present applicant and also this fact that applicant is in jail since 30.01.2020 and during trial he was in jail from 04.07.2009 to 18.08.2009 and 03.05.2010 to 07.05.2010, but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the applicant and grant bail to him. Consequently, I.A. No.2627/2020 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the applicant shall remain suspended during the pendency of this revision.

Applicant-Deepak Jat be released from custody subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court. The applicant shall appear and mark his presence before the trial Court on 13.05.2020 and shall continue to do so on all such future dates as may be given in this behalf, during pendency of the matter.

List the revision for final hearing in due course.

C.C. as per rules.