Ashish Gupta vs The State Of Madhya Pradesh
2022 Latest Caselaw 8049 MP

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                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                              CRA No. 1623 of 2022
                                     (ASHISH GUPTA Vs THE STATE OF MADHYA PRADESH)

         Dated : 17-06-2022
                      Shri Mradul Kumar Vishwakarma, learned counsel for the appellant.

                      Shri    D.K.     Paroha,     learned    Government      Advocate   for    the
        respondent/State.

I.A. No.10532/2022, second repeat application filed u/S.389(1) of Cr.P.C. for suspension of sentence on behalf of appellant- Ashish @ Manja Gupta, is taken up alongwith the reply of the State, after rejection of earlier one

which was dismissed as withdrawn without being considered on merits.

The record reveals that appellant- Ashish @ Manja Gupta had absconded at the time when the judgment was about to be pronounced by the Trial Court and, therefore, pronouncement of judgment got delayed by about two years.

In this view of the matter, a person who has misused the judicial process cannot reap the benefits by obtaining a favourable order in the discretionary jurisdiction of this Court u/S.389 of Cr.P.C.

Accordingly, I.A. No.10532/2022, second repeat application for suspension of sentence, stands dismissed.

(SHEEL NAGU) JUDGE

Sateesh

Digitally signed by SATEESH KUMAR SEN Date: 2022.06.17 18:26:32 +05'30'