Ranjeet @ Gappu Aarya vs The State Of Madhya Pradesh
2021 Latest Caselaw 1867 MP

                                                                     1                              CRA-1674-2021
                                      The High Court Of Madhya Pradesh
                                                 CRA-1674-2021
                                           (RANJEET @ GAPPU AARYA Vs THE STATE OF MADHYA PRADESH)

                         1
                         Jabalpur, Dated : 06-05-2021
                                 Heard through Video Conferencing.

                                 Shri Parag Chaturvedi, counsel for the appellant.
                                 Shri Sheetal Tiwari, Panel Lawyer for the respondent-State.

Heard on the question of admission.

Perused the impugned judgment.

Appeal is admitted for final hearing.

Also heard on IA No.4052/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant.

Appellant has been convicted under Section 307 of the Indian Penal Co de and sentenced to undergo seven years' rigorous imprisonment with default stipulation and under Section 324 of IPC and sentenced to undergo one year's rigorous imprisonment with default stipulation.

Learned counsel for the appellant submits that in view of the injuries

caused by the appellant, case under Section 307 of IPC is not made out against him and conviction should have been done only under Section 324 of IPC, therefore, the sentence awarded to the appellant under Section 307 by the court below, is not proper. That apart the judgement is liable to be set aside.

Learned counsel for the respondent-State has opposed the application for suspension of sentence and submits that the court below has considered this aspect and not awarded maximum sentence as has been prescribed under Section 307 of IPC. He also submits that considering the period of custody the appellant is not entitled to be released on bail and application for suspension of sentnece is liable to be rejected. Signature Not Verified SAN At this stage, counsel for the appellant seeks withdrawal of this Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.05.07 17:08:03 IST 2 CRA-1674-2021 application with the liberty to move a fresh one after a period of six months.

With the aforesaid liberty I.A.No.4052/2021 is dismissed as withdrawn.

(SANJAY DWIVEDI) JUDGE

Sushma

Signature Not Verified SAN

Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.05.07 17:08:03 IST