Dharampal Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6563 MP

                                                        1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                CRA No. 6532 of 2021
                                      (DHARAMPAL SINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 02-05-2022
                 Shri Abhinav Shrivastava, learned counsel for appellant.

                 Shri Ritwik Parashar, learned Government Advocate for respondent/State.

I.A. No.19475/2021, which is first application u/S.389(1) of Cr.P.C. for suspension of sentence moved on behalf of appellant - Dharampal Singh is taken up and considered. Reply of the State to the same is also considered.

This criminal appeal assails the judgment dated 27.09.2021 passed in S.T.

No.83/2019 by the Second Sessions Judge, Pipariya, District Hoshangabad (M.P.), whereby appellant - Dharampal Singh has been convicted u/S. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.5000/- and Section 30 of the Arms Act and sentenced to undergo imprisonment for six months with default stipulations.

Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for suspension of sentence is made out.

On behalf of appellant who has completed little more than three years of

custody period as against life sentence awarded, it is submitted by learned counsel for appellant that there are no eye-witnesses who saw the appellant having fired towards the deceased who died due to two gun-shot injuries.

After hearing learned counsel for rival parties and having perused the material and evidence on record especially the testimony of eye-witness Arjun Singh Garcha (PW-4) who has made specific statement of having seen the appellant causing two gun-shot injuries in the head of the deceased, this Court looking to the gravity of the offence and the period of custody, for the time being does not deem it appropriate to enlarge the appellant on bail.

Accordingly, I.A. No.19475/2021 stands dismissed.

       (SHEEL NAGU)                                                   (PRAKASH CHANDRA GUPTA)
           JUDGE                                                               JUDGE

DV


Digitally signed by DINESH VERMA
Date: 2022.05.05 17:17:29 +05'30'