Gangaram vs The State Of Madhya Pradesh
2022 Latest Caselaw 515 MP

                                    1                              CRA-163-2021
         The High Court Of Madhya Pradesh
                   CRA No. 163 of 2021
                    (GANGARAM Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 11-01-2022
      Heard through Video Conferencing.

      Mr. Vipin Yadav, learned Advocate for the appellant.
      Mr. S.K. Malvi, learned Panel Lawyer for respondent -State.

Heard on admission.

Record has already been received.

The appeal being arguable is admitted for final hearing.

IA No.10619/2021 is allowed and the documents are taken on record. Heard on I.A. No.438/2021, which is first application, under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant.

T h e appellant has been convicted vide judgment dated 7.12.2020 passed by Third Additional Sessions Judge, Gadarwara, District- Narsinghpur (M.P.) in S.T. No.149/12 for commission of offence punishable under Sections 302 and 307 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.1000/- and RI for 10 years with

fine of Rs.1000/- with usual default stipulation.

Learned counsel for the appellant submits that learned trial Court has committed error in law in holding the appellant - accused guilty for the alleged offences. The conviction and sentence of the appellant is based on the testimony of interested witnesses and their testimony is full of contradiction, omission and improvement. There was no previous enmity between the appellant and the family of the deceased. All of a sudden when the appellant was plying bolero jeep, the complainant and the deceased came in front of the vehicle which hit the motorcycle of the complainant in which the father of the complainant died. This is a case of motor accident. The appellant is in jail since 7.12.2020 and if the sentence is not suspended the purpose of filing the present appeal would become infructuous. Hence, prayer is made to enlarge 2 CRA-163-2021 the appellant by suspending the jail sentence.

Learned Panel Lawyer opposed the aforesaid contentions and prayed for its rejection.

After having heard learned counsel for the parties and on perusal of the record, we find that there is sufficient evidence available on record against the appellant - accused for holding him guilty of the alleged offences. In view of

this Court, the appellant is not entitled to get the benefit of suspension of sentence and grant of bail. Hence, the aforesaid IA is dismissed.

List the appeal for final hearing in due course.

               (SUJOY PAUL)                                   (ARUN KUMAR SHARMA)
                  JUDGE                                              JUDGE

          JP


JITENDRA KUMAR PAROUHA
2022.01.12 10:28:19 +05'30'