Rambabu vs The State Of Madhya Pradesh
2021 Latest Caselaw 3574 MP

                                                                      1                             CRA-1187-2012
                                           The High Court Of Madhya Pradesh
                                                      CRA-1187-2012
                                                  (RAMBABU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   29
                                   Jabalpur, Dated : 23-07-2021
                                         Heard through Video Conferencing.
                                         Shri Narendra Nikhare, counsel for the appellant.
                                         Shri S.K. Kashyap, learned G.A. for the respondent/State.

Heard on I.A. No.2126/2020, 413/2020 and 2508/2021, which are repeat applications u/S.389(1) of the Cr.P.C. for suspension of the custodial

sentence passed against appellant No.2 Jagannath.

The first and fourth bail application of the applicant have been dismissed on merits vide order dated 14.12.2012 and 28.08.2018.

This appeal has been preferred against the judgment dated 16.05.2012 passed by the I ASJ Khurai, Distt Sagar in Sessions Trial No.302/2011, whereby learned ASJ found the appellant guilty for the offence punishable under Section 302/34 of IPC and sentenced him to undergo life imprisonment with fine of Rs500/- 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 offence. There are several omissions and contradictions in the evidenced adduced by the prosecution. The appellant No.2 Jagannath is in custody since 18.09.2010 and hearing of this appeal will take time. Hence learned counsel prayed for suspension of the jail sentence and release of the appellant on bail.

Learned counsel for the State opposed the prayer and submitted that earlier two applications for suspension of the jail sentence of the appellant No.2 Jagannath have been dismissed on merit vide order dated 14.12.2012 and 28.08.2018. and thereafter there is no change in circumstances. So, the appellant should not be released on bail.

Signature Not Verified SAN Earlier two applications for suspension of sentence of the appellant

Digitally signed by NAVEEN KUMAR SARATHE Date: 2021.07.23 16:59:15 IST 2 CRA-1187-2012 No.2 Jagannath 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 31.05.2012 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 16:59:15 IST