Aman Daheriya vs The State Of Madhya Pradesh
2022 Latest Caselaw 9313 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                   CRA No. 4187 of 2022
                                                       (AMAN DAHERIYA Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 11-07-2022
                                           Mr.Saket Agrawal, learned counsel for the appellant.

                                           Ms.Seema Jaiswal, learned Panel Lawyer for the respondent/State.

Heard on the question of admission. The appeal seems to be arguable and hence, it is admitted for hearing.

Als o considered I.A.No.7864/2022, which is first application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf

of appellant-Aman Daheriya.

By the impugned judgment dated 09.4.2022 passed by Fifth Additional Sessions Judge, Chhindwara in Sessions Trial No.130/2016 the appellant has been convicted for offence under section 395 of IPC and sentenced to undergo R.I. for 07 years and fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant is in custody since the date of judgment. The trial Court has not properly appreciated the oral and documentary evidence available on record. There are material

contradictions and omission in the statements of material witnesses. The appellant is not the main accused. The appellant was on during trial also and he never misused the liberty. The appellant has already deposited fine amount. The final disposal of this appeal would take considerable time.

Learned Panel Lawyer has opposed the prayer for suspension of Signature Not Verified SAN sentence and grant of bail.

Digitally signed by RAJESH MAMTANI Date: 2022.07.15 18:55:09 IST Considering the over all facts and circumstances of the case; taking into

account the nature of allegations against the appellant; role attributed to him; gravity of offence; and taking into account his custody period, this Court is of the opinion that no case is made out for suspension of sentence and grant of bail.

Accordingly, aforesaid interlocutory application stands dismissed. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.07.15 18:55:09 IST