Sandeep @ Gopal vs The State Of Madhya Pradesh
2022 Latest Caselaw 5737 MP

         IN THE HIGH COURT OF MADHYA PRADESH
                       AT INDORE
                        BEFORE
            HON'BLE SHRI JUSTICE VIVEK RUSIA
                            &
     HON'BLE SHRI JUSTICE (AMAR NATH (KESHARWANI)

              CRIMINAL APPEAL No.3894 OF 2020
            (SANDEEP @ GOPAL VS. STATE OF M.P.)



                           ORDER

Indore:20.04.2022 Shri Virendra Sharma, learned counsel for the appellant. Shri Bhaskar Agrawal, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.27465/2021, which is first application for suspension of sentence filed on behalf of appellant Sandeep @ Gopal.

This is an appeal against the conviction of five accused persons namely Arjun Basod, Sandeep @ Gopal(Present appellant), Monti Solanki, Golu @ Shiva and Aasif vide judgment dated 18/02/2020, passed in Sessions Trial No.199/2019 whereby, all have been convicted under Section 302/34 of IPC for committing murder of Sumit.

The F.I.R. was lodged at the instance of father of the deceased who received a telephone call from Happy that 4 to 5 persons assaulted his son Sumit. Although in the F.I.R. name of four persons are mentioned namely Arjun Basod, Aasif, Monti Solanki and Golu @ Shiva. Later on, in 161 statement, father of the deceased as well as Happy took the name of present appellant Sandeep @ Gopal. He was arrested and on his disclosure one knife was recovered. In the knife, blood stains were found. Happy has been examined as an eye-witness, who has specifically disclosed the name of the present appellant.

In view of the above, we do not find any case for grant of suspension of sentence to the appellant.

Accordingly, I.A. No.27465/2021 stands rejected.

                                             (Vivek Rusia)                                     (Amar Nath (Kesharwani)
                                                 Judge                                               Judge



                                       pn



PREETHA
          Digitally signed by PREETHA NAIR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb2 41b9ad42416f404bb303,

NAIR pseudonym=BEA9A029360DBE02FDC86E8557A519B70B35E1 A7, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C 5E65085178B87CD8C85BA5B87CC, cn=PREETHA NAIR Date: 2022.04.21 15:10:22 +05'30'