Heera Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 5904 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 333 of 2022 (HEERA SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 22-04-2022 Mr. R.S. Yadav, learned counsel for the applicant.

Mr. Santosh Yadav, learned Deputy Government Advocate for the State. Heard on admission.

Admit.

Heard on I.A.No. 1678/2022 which is first application for suspension of sentence and grant of bail to the applicant.

The applicant has been convicted by the judgment dated 27.07.2018 passed in Criminal Case No.1329/2013 by learned JMFC, Mandla for offences punishable under Sections 304 -A (seven counts), 337 (six counts), 338 and 279 of the Indian Penal Code and to undergo RI for two years with fine Rs.500/- (on seven count), RI for three months with fine of Rs.250/- (on six count), RI for one year with fine of Rs.500/- and RI for six months with fine of Rs.500/- and default stipulation. The aforesaid judgment of conviction and order of sentence have been confirmed vide impugned judgment dated 20.01.2022 passed by lower Appellate Court in Criminal Appeal No.62/2018.

Learned counsel for the applicant submits that the trial Court has not considered the material available before it proper perspective. There is no named FIR against the applicant. No independent witness has been examined in the case. It is mainly contended that the tyre of the vehicle in question got burst as a consequence of which the accident in question occurred. This revision would take considerable for disposal. In view of the aforesaid, prayer is made to suspend the jail sentence of the applicant and to release him on bail.

Learned Deputy Govt. Advocate has opposed the application. Heard learned counsel for the parties and perused the judgments passed by the Courts below. The Court below found that due to rash and negligent driving of the applicant the vehicle dashed against the tree. In the aforesaid accident seven persons died and seven other persons got injured. In view of the above, at this stage, it is not a fit case where sentence of the applicant should be suspended.

Accordingly, I.A. No.1678/2022 is dismissed.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.04.25 19:49:18 IST