Dinesh Saket vs The State Of Madhya Pradesh
2022 Latest Caselaw 758 MP

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        The High Court Of Madhya Pradesh
                  CRA No. 285 of 2020
                   (DINESH SAKET Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 17-01-2022
       Heard through Video Conferencing.

       Mr. M.M. Jaiswal, learned counsel for the appellant.
       Mr. Om Prakash Patel, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.322/2020 which is first application for suspension of

sentence and grant of bail to the appellant who stands convicted vide judgment dated 15.10.2019 passed by learned 3rd Additional Sessions Judge, Singrauli in ST No.1/2017 for offence punishable under Sections 323 and 376 (1) of the Indian Penal Code and sentenced to undergo R.I. for three months with fine of Rs.500/- and RI for ten years with fine of Rs.2,500/- and default stipulation.

Learned counsel for the appellant submits that the appellant is in custody for a period about three years. It is contended that the trial Court has not considered the evidence on record properly, in actuality, there is previous

animosity between the parties regarding Sarpanch election in the village because of which the appellant has been falsely roped in the crime in question. There is material contradiction and omission in the evidence of the prosecution witnesses. The final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Heard learned counsel for the parties at length. The testimony of the prosecutrix and her husband are fully supported by the medical evidence, testimony of doctor as well as FSL report. FSL report itself shows involvement of the appellant in the crime in question. Hence, this is not a fit

case to grant benefit of suspension of sentence to the appellant.

Accordingly, I.A. No.322/2020 is dismissed.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.01.18 17:59:33 IST