Lokendra Singh @ Limbaram vs The State Of Madhya Pradesh
2022 Latest Caselaw 5090 MP

             1                           Cr.A. No.219 of 2022

             IN THE HIGH COURT OF MADHYA PRADESH

                             AT INDORE

                         Cr.A. No.219 of 2022

       ( Lokendra Singh @ Limbaram Vs. State of Madhya Pradesh)

Dated:- 07.04.2022
      Shri Mohd. Iqbal Anwar, learned counsel for the
appellant.
      Shri Koustubh Pathak, learned Govt. Advocate for the
respondent/State.

Heard on I.A.No. 161/2022, which is an application filed under Section 389(1) of Cr.P.C. suspension of sentence of the sole appellant.

The appellant has been convicted vide judgment dated 24.11.2021 passed passed by the Fist Additional Sessions Judge, District-Ratlam in S.T.No.88/2014 for offence under Sections 407 and 435 of the IPC and sentenced him to undergo 5 years and 3 years R.I. with fine of Rs.8,32,000/- Rs. 5000/- respectively and in default of payment of the fine 3 years and two months additional rigorous imprisonment.

Shri Mohd. Iqbal Anwar, counsel appearing for the appellant has argued at length and has submitted that the appellant has been falsely implicated in the case by the owner of the Tanker only to take insurance of the Tanker which got burnt in the incident and its 20,000 diesel was stolen. Counsel

has further submitted that the appellant is a driver and is not in a position to deposit the fine amount of Rs.8,32,000/-.

On due consideration of the submissions and on perusal of the record, including the deposition of P.w./4 Nirmal Pokharna, this Court is not inclined to accept the contention as raised by the counsel for the appellant. In such circumstances, looking to the seriousness of the offence, no case for suspension of sentence is made out. Accordingly, I.A.No.161/2022 stands dismissed.

(Subodh Abhyankar) JUDGE moni

Digitally signed by MONI RAJU Date: 2022.04.08 16:22:34 +05'30'