Rohit vs The State Of Madhya Pradesh
2021 Latest Caselaw 1471 MP

                                   1                             CRA-149-2013
       The High Court Of Madhya Pradesh
                  CRA-149-2013
                      (ROHIT Vs THE STATE OF MADHYA PRADESH)

6
Indore, Dated : 09-04-2021

      Heard through Video Conferencing.
      Shri Bhaskar Agrawal, learned counsel for the appellant.
      Shri     Amit    Singh     Sisodiya,     learned     counsel   for   the
respondent/state.

Heard on IA No.3726/2021, fourth application for suspension of sentence.

The appellant has been convicted for the offence punishable under section 302/34 of the IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/-.

This court by detailed orders rejected the previous applications for suspension of sentence on 14.11.2013 and 02.05.2016.

Learned counsel for the appellant submits that the details

mentioned in para no.5.7 of his application shows that for different periods, in total, the appellant remained on parole for a period of 546 days. During these periods, he did not misuse the liberty.

By placing reliance on the judgment of Hon'ble Apex Court in the case of Prahladbhai Jagabhai Patrel Vs. State of Gujarat reported in (2020) 3 SCC 341, it is urged that the remaining jail sentence of the appellant may be suspended.

The prayer is opposed by the learned counsel for the respondent/State.

We have heard learned counsel for the parties at length. In previous orders, this Court has considered the nature of crime and relevant evidence in sufficient detail.

2 CRA-149-2013

We find no reason to revisit the said order. We are unable to hold that any principle of law is laid down by the Hon'ble Apex Court in the aforesaid judgment that in all cases where the appellant enjoyed parole, his remaining jail sentence should be suspended.

Considering the serious nature of crime and previous orders

passed by this Court, no case is made out for suspension of sentence.

Accordingly, IA No.3726/2021 stands dismissed.

                  (SUJOY PAUL)                            (VIVEK RUSIA)
                     JUDGE                                   JUDGE




             Sourabh

Digitally signed by SOURABH YADAV
Date: 2021.04.09 17:42:52 +05'30'