Akash vs The State Of Madhya Pradesh
2021 Latest Caselaw 522 MP

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                                                                                       CRA No.3229/2020

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.3229/2020
Indore, Dated 08.03.2021
        Hearing through Video Conferencing.

        Mr. Vivek Singh, learned counsel for appellant Akash s/o Raju

Ratnakar.

        Ms. Archana Maheshwari, learned Panel Lawyer for the

respondent / State of Madhya Pradesh.

Heard on IA No.8486/2020, a repeat (second) 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 the

appellant.

The present appellant has been convicted and sentenced by

Special Judge (under Electricity Act) / Additional Sessions Judge,

Indore (MP) in Sessions Case No.178/2018 vide judgment dated

02.03.2020, as under: -

              Conviction                                    Sentence
    Section                Act              RI        Fine amount      Imprisonment in lieu of fine
   364/34      IPC, 1860         10 years            Rs.1,000/-        1 month RI
   307/34      IPC, 1860         10 years            Rs.1,000/-        1 month RI
   201/34      IPC, 1860         3 years             Rs.1,000/-        1 month RI

The first IA No.5834/2020 has already been dismissed by this

Court on 21.09.2020.

Shri Vivek Singh, counsel for the appellant has vehemently

argued before this Court that the hole case is vitiated by the fact that

CRA No.3229/2020

according to the case of the prosecution the incident took place on

07.01.2018 whereas the injured Mradul (PW-2) was discharged from

the hospital on 05.02.2018 in a stable condition, whereas statements

were recorded by the Police for the first time on 27.03.2019 that is

after a period of around 2 months and 20 days of the incident. Thus,

it is submitted that the aforesaid fact in itself is more than sufficient

to cast a reasonable doubt on the veracity of the case of the

prosecution.

Counsel for the respondent / State on the other hand has

opposed the prayer.

Having considered the rival submissions and on perusal of the

record, this Court finds that the PW-2 Mrudul was abducted by three

accused persons including the present appellant and all three of them

have been duly recognized by him and this Court has no reason to

disbelieve his statement, especially when he was badly beaten and

left to die by the appellant and other accused persons in a ditch from

where he was recovered. Thus, this Court finds no reason to allow

the present application for suspension of sentence.

Accordingly, the application (IA No.8486/2020) stands

dismissed.

(Subodh Abhyankar) Judge rcp

Ramesh Chandra Pithawe 2021.03.13 14:57:54 +05'30'