Dilip vs The State Of Madhya Pradesh
2021 Latest Caselaw 7849 MP

                                                   HIGH COURT OF MADHYA PRADESH
                                                                    CRA No.8646/2018
                                            Indore, Dated : 25.11.2021
                                                   Shri Digpal Singh Rathore, learned counsel for the
                                            appellant.

                                                   Ms.    Sofia   Khan,       learned   Panel   Lawyer    for   the
                                            respondent/State.

Heard on IA No.18758/2021, which is the third application filed under Section 389(1) of Cr.P.C. for grant of bail and suspension of sentence on behalf of appellant Dilip. The appellant has been convicted and sentenced as under:-

Conviction u/S. Sentence Fine amount Imprisonment in lieu of payment of fine 307/34 IPC 10 years R.I. Rs.5,000/- 1 year R.I. 353 IPC 2 years R.I. Rs.5,00/- 3 months R.I. 333 IPC 7 years R.I. Rs.3,000/- 1 year R.I. 25(1-b)(B) Arms 1 year R.I. Rs.1,000/- 3 months R.I. Act

Learned counsel for the appellant submits that impugned judgment is contrary to the law and facts on record. Court below has erred in not properly appreciating the facts and evidence available on record. FSL report is not supportive to the prosecution version. Co-accused has been enlarged on bail by this Hon'ble Court. The applicant is in jail since 21.10.2017 i.e. 3 years 8 months and 23 days, which is creating his negative image in the society. He has been acquitted in other case by the 2nd Addl. Sessions Judge, Dhar in ST No.16/2014. Hence he prays that appellant be released on bail and his remaining jail sentence should be suspended till the final disposal of appeal.

Per contra, learned PL opposes the application and prays for its rejection by submitting that appellant's earlier application under Section 389(1) of Cr.P.C. has been dismissed by this Court on merit and there are no material changes in the circumstances Signature Not VerifiedDigitally signed by

and appellant does not deserve for the same prayer.

  SAN                 TRILOK SINGH
                      SAVNER
                      Date: 2021.11.26
                      10:57:41 IST

Considering all the facts and circumstances of the case and from perusal of order dated 12.7.2019, it appears that appellant's earlier application under Section 389(1) of Cr.P.C. has been dismissed after considering the evidence and all aspects by a detailed order and there is no material change in the circumstances which makes a ground to allow this application.

Hence, this repeat application is dismissed.

(Anil Verma) Judge

Signature Not Verified VerifiedDigitally Digitally signed by SAN TRILOK SINGH SAVNER Date: 2021.11.26 10:57:41 IST