Jiledar @ Fouji vs State Of M.P.

This Criminal appeal assails the judgment dated 15/12/2017 passed in Special New Trial No.09/2015 (Special Old Trial No.14/2007) by Special Judge (MPDVPK Act), Joura, District Morena whereby the appellant has been convicted under Section 364-A of IPC and has been sentenced to undergo Life Imprisonment with fine of Rs.20,000/- with default stipulation.

I.A.No.14879/2020, third repeat application for suspension of jail sentence and grant of bail moved by the appellant, is taken up and considered.

Learned counsel for the appellant has submitted that this is third repeat application of the appellant for suspension of jail sentence and grant of bail. First application was withdrawn by order dated 24/9/2018 whereas second application was dismissed on merits by order dated 12/4/2019. It is further submitted that the trial Court has wrongly convicted the appellant. There are lots of contradiction and omissions in the statement of the prosecution witnesses. Appellant is in custody since last more than 12 years and there is no possibility of final hearing of this case in near future. Hence, prayed for suspension of jail sentence of the appellant and grant of bail.

Learned State counsel has opposed the application and has submitted that this is third application of the applicant for suspension of jail sentence and grant of bail to the appellant. Earlier application was rejected on 12/4/2019 on merits. Thereafter, there is no changed circumstance. It is further submitted that the offence was committed by a gang of which present appellant was a member and is a history-sheeter. Six criminal cases are registered against the appellant, out of which one case is registered for commission of murder and some cases are registered for attempt to murder. Hence, prayed for rejection of the application.

Heard learned counsel for the rival parties and perused the materials available on record.

Looking to the facts and circumstances of the case and custody period of the appellant as well as his previous criminal antecedents, this court is not inclined to grant bail to the appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on merits, I.A.No.

14879/2020 is hereby rejected.