Badri Prasad Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 3428 MP

                                                                   1                                 CRA-3834-2018
                                        The High Court Of Madhya Pradesh
                                                   CRA-3834-2018

(BADRI PRASAD PATEL Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 19-07-2021 Heard through Video Conferencing.

Mr. B.J. Chourasiya, learned counsel for the appellant. Ms. Nalini Gurang, learned Panel Lawyer for the State. Heard on I.A. No.6341/2021, which is third application for suspension of sentence and grant of bail to the appellant.

First application i.e. I.A. No.8010/2018 was dismissed as withdrawn on 12.12.2018 and second application i.e. I.A. No.13483/2019 was dismissed as withdrawn on 24.07.2020 with liberty to file afresh application after completing half of the period of sentence.

The appellant has been convicted by the trial Court under Section 307 of the IPC and Sections 25(1)(1-Kha)(Ka) and 27 of the Arms Act and sentenced to R.I. for 7 years with fine of Rs.5000/-, R.I. for 2 years with fine of Rs.500/- and R.I. for 3 years with fine of Rs.500/- respectively with default stipulation.

As per prosecution story, on 08.03.2015, the appellant caused gun shot injury to the victim Mihilal due to the enmity in Panchayat election. The victim received injury on his neck which is the vital part of his body.

Learned counsel for the appellant submits that this application has been filed only on the basis of the half sentence served by the appellant. He was in custody during the trial about 212. Thereafter, from the date of judgment i.e. 08.05.2018, he was in custody.

Looking to the nature of offence, injury sustained by the victim and the period of jail sentence served by the appellant, this Court is not inclined to suspend the jail sentence of the appellant.

The application is hereby dismissed. Signature Not Verified SAN

(SMT. ANJULI PALO) Digitally signed by VARSHA CHOURASIYA Date: 2021.07.20 10:39:18 IST 2 CRA-3834-2018 JUDGE vc

Signature Not Verified SAN

Digitally signed by VARSHA CHOURASIYA Date: 2021.07.20 10:39:18 IST