Madhya Pradesh High Court
Hanuman Prasad Tiwari vs The State Of Madhya Pradesh on 23 July, 2021
Author: Rajeev Kumar Dubey
1 CRA-63-2011
The High Court Of Madhya Pradesh
CRA-63-2011
(HANUMAN PRASAD TIWARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
26
Jabalpur, Dated : 23-07-2021
Heard through Video Conferencing.
Shri Pushpraj Singh Gaharwar, counsel for the appellant.
Shri S.K. Kashyap, learned G.A. for the respondent/State.
Heard on I.A. No.2374/2020, which is repeat application u/S.389(1) of
the Cr.P.C. for suspension of the custodial sentence passed against appellant
No.2 Rajesh Prasad Tiwari.
The first and second applications filed by the appellant No.2 Rajesh
Prasad Tiwari for suspension of sentence and grant of bail were dismissed as
withdrawn vide orders dated 12.10.2012 and 10.03.2016 while the third and
fourth bail applications were dismissed on merits vide orders dated
14.07.2017 and 09.10.2017.
This appeal has been preferred against the judgment dated 22.12.2010
passed by the II ASJ ( Fast Track) Mauganj, Distt Rewa in Sessions Trial
No.26/2007, whereby learned ASJ found the appellant guilty for the offence
punishable under Section 302/149 of IPC and sentenced him to undergo life
imprisonment with fine of Rs.2,000/- with default stipulation, under Section
323/149 of IPC and sentenced him to under rigorous imprisonment for six
months with fine of Rs. 500/- with default stipulation and under section 148
IPC R.I. for one year with fine of Rs. 1,000/- with default stipulation.
Learned counsel for the appellant submitted that the trial court without
appreciating the evidence properly wrongly convicted the appellant for the
aforesaid offences. There are several omissions and contradictions in the
evidenced adduced by the prosecution. The appellant No.2 Rajesh Prasad
Tiwari is in custody from the date of judgment i.e. 22.12.2010 and hearing of
this appeal will take time. Hence learned counsel prayed for suspension of the
Signature Not Verified
SAN
jail sentence and release of the appellant on bail.
Digitally signed by NAVEEN KUMAR
SARATHE
Date: 2021.07.23 16:59:26 IST
2 CRA-63-2011
Learned counsel for the State opposed the prayer and submitted that
earlier two applications for suspension of the jail sentence of the appellant
have been dismissed on merit vide order dated 14.07.2017 and 19.10.2021
and thereafter there is no change in circumstances. So, the appellant should
not be released on bail.
Earlier two applications for suspension of sentence of the appellant
No.2 Rajesh Prasad Tiwari have been dismissed on merits vide order
dateds14.07.2017 and 09.10.2017 . Thereafter there is no change in
circumstances so this Court is not inclined to take another view in the matter.
Hence, prayer for suspension of sentence is hereby rejected.
Appeal has already been admitted vide order dated 05.04.2011 so list
the matter for final hearing in due course.
(RAJEEV KUMAR DUBEY) (VIJAY KUMAR SHUKLA)
JUDGE JUDGE
sarathe
Signature Not Verified
SAN
Digitally signed by NAVEEN KUMAR
SARATHE
Date: 2021.07.23 16:59:26 IST
