Rajesh @ Dinesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8176 MP

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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE

                    Criminal Appeal No.793/2016
            Rajesh @ Dinesh v/s The State of Madhya Pradesh
Indore, dated 03.12.2021
          Shri Chandrakant Verma, learned counsel for the appellant.
          Shri Sudhanshu Vyas, learned Panel Lawyer for the
respondent / State.

Heard on I.A. No.2799/2021, which is fifth application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant - Rajesh @ Dinesh S/o Jagdish Shripal.

The present appellant has been convicted vide judgment of conviction and sentence dated 08.03.2016 passed by the Special Judge, Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act, Indore in Special Sessions Trial No.70/2014 for the offence punishable under Section 302 of the Indian Penal Code and sentenced to under Life Imprisonment along with fine of Rs.3,000/-. With default clause to further undergo three months' rigorous imprisonment.

Learned counsel for the appellant submits that his previous application was rejected by order dated 09.10.2017 on merits. He further submits that in the light of Criminal Appeal No.1513/2021 (Kanni @ Kanhaiyalal v/s The State of Madhya Pradesh) decided on 18.11.2013, appellant's jail sentence may be suspended.

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

This Court by a detailed order dated 09.10.2017 rejected the application for suspension of jail sentence. Two more attempts went

in vain and on 09.12.2019 and 05.06.2020, his applications for suspension of jail sentence were rejected.

The body of wife of the appellant was recovered from the room where appellant was staying with her. The blood stained 'dupatta' (scarf) was also recovered in which blood was found as per the FSL report. The burden to prove alibi was on the shoulder of the appellant which he could not discharge. Considering these aspects, this Court rejected the earlier application for suspension of sentence. We do not find any reason to take a different view at this stage.

Accordingly, I.A. No.2799/2021 stands dismissed.

  (SUJOY PAUL)                                (PRANAY VERMA)
    JUDGE                                         JUDGE

Ravi
Digitally signed by RAVI PRAKASH
Date: 2021.12.03 17:07:38 +05'30'