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Judgment
This Criminal appeal assails the judgment dated 22/03/2010 passed in Sessions Trial No.212/2009 by Third Additional Sessions Judge Bhind (M.P.), whereby the appellant No.1- Jhabbu has been convicted and sentenced as under:-
Section
Sentence
Fine
In default
302 of IPC
Life Imprisonment
Rs.500/-
3 months RI
25/27 of Arms Act
3 years RI
Rs.500/-
3 months RI
I.A.No.11931/2020, eighth application for suspension of jail sentence and grant of bail moved by appellant No.1- Jhabbu, is taken up and considered.
It is submitted by learned counsel for the appellant No.1- Jhabbu that the trial Court has wrongly convicted the appellant. There are lots of contradictions and omissions in the evidence of the prosecution witnesses. Appellant No.1- Jhabbu is aged around 42 years. He is in custody since last 11½ years. This is the eighth application for suspension of jail sentence and grant of bail on behalf of appellant No.1-Jhabbu. Last application for suspension of his jail sentence was dismissed as withdrawn in the year 2012. Thereafter, no application for regular suspension of jail sentence is filed by appellant No.1- Jhabbu. In between, appellant No.1- Jhabbu was released on interim suspension for temporary period and during the period, he had not misused the liberty granted to him. There is no possibility of final hearing of this case in near future looking to the present COVID-19 pandemic. Hence, looking to the aforesaid and custody period of appellant No.1- Jhabbu, i.e. more than 11 years, learned counsel prays for suspension of jail sentence and grant of bail to appellant No.1- Jhabbu.
Per contra, learned State counsel has vehemently opposed the submissions and prayed for rejection of the application filed for suspension of jail sentence and grant of bail to appellant No.1- Jhabbu.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the material documents available on record.
On perusal of available record, it is apparent that the present appellant has caused death by causing gun shot injury on the head of the deceased. Hence, considering the facts and circumstances of the case, we are not inclined to suspend the jail sentence of appellant No.1-Jhabbu.
Accordingly, present I.A. No.11931/2020 stands rejected.