Chetan Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 9130 MP

                                                                                                 CRA No.4944/2021
                                                         1

             High Court of Madhya Pradesh, Jabalpur
                         Bench at Indore
            Criminal Appeal No.4944/2021
Indore, Dated 08.07.2022
       Shri C.L. Yadav, learned Senior Counsel assisted by Shri
Virendra Thakur, learned counsel for appellant No.1 Chetan S/o
Kishore Rathore.
       Shri Bhuvan Deshmukh, learned Government Advocate for
the respondent / State of Madhya Pradesh.

Shri Pankaj Ajmera, learned counsel for the objector Virendra S/o Late Suresh Rathore.

Heard on IA No.1458/2022, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant No.1 Chetan S/o Kishore Rathore.

The present appellant has been convicted and sentenced by learned 1st Additional Sessions Judge, Sendhwa, District Barwani (MP) in Sessions Trial No.100/2018 vide judgment dated 17th August, 2021, as under: -

                   Conviction                                      Sentence
     Section        Act                RI           Fine amount   Imprisonment in lieu of fine
       147          IPC              1 year          Rs.500/-              1 month
       302          IPC         Life Imprisonment   Rs.5,000/-              3 years
    323 r/w 149     IPC          6 months SI for     Rs.500/-              1 month
   (on 5 counts)                   each count

After arguing for some time on the merits of the matter, learned Senior Counsel appearing for the present appellant seeks CRA No.4944/2021

leave of this Court to withdraw the interlocutory application.

Prayer is allowed.

Accordingly, IA No.1458/2022 is dismissed as withdrawn, however, the appellant is at liberty to renew the prayer after completion of five years' of the jail sentence.

                          (Subodh Abhyankar)                              (Pranay Verma)
                               Judge                                          Judge
rcp




RAMESH CHANDRA PITHWE
2022.07.08 16:54:18 +05'30'