Jhanjadiya @ Kailash vs The State Of Madhya Pradesh
2021 Latest Caselaw 7324 MP

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                                        High Court of Madhya Pradesh, Jabalpur
                                                    Bench at Indore
                                   Criminal Appeal No.5891/2019
                       Indore, Dated 11.11.2021
                                  Shri Rampal Uikey, learned counsel for appellant Jhanjhadiya @

                       Kailash s/o Nasiriya Barela.

                                  Shri Valmik Sakargayen, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Heard on IA No.6844/2020, first 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 learned

2nd Additional Sessions Judge Sendhwa, District Barwani (MP) in

Sessions Trial No.07/2018 vide judgment dated 16 th January, 2019, as

under: -

                                        Conviction                           Sentence
                              Section       Act        RI       Fine          Imprisonment in lieu of fine
                                                               amount
                               363          IPC      5 years   Rs.500/-                 1 year RI
                              366 (A)       IPC      5 years   Rs.500/-                 1 year RI
                              7 r/w 8    POSCO Act   4 years   Rs.500/-                 1 year RI

Looking to the allegation levelled against the appellant and the

evidence available on record, no case for suspension of jail sentence is

made out.

Accordingly, IA No.6844/2020 being devoid of merits is hereby

dismissed.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.11.12 18:35:55 +05'30'