Himmat Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 15837 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         CRA No. 840 of 2016
                                               (HIMMAT SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 30-11-2022
                                 Shri Vikas Yadav, learned counsel for the appellant.

                                 Shri Bhaskar Agrawal, Government Advocate for the respondent/State.

Heard on I.A. No.13632/2022, an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail.

The appellant has been convicted under Section 302 and 201 of IPC and sentenced to undergo Life Imprisonment and 2 years R.I. with fine of Rs.

10,000/- and Rs.1,000/- with default stipulation vide judgment dated 13.05.2016 by III Additional Sessions Judge, Ujjain, M.P. in S.T. No.446/2014.

Earlier application i.e. first application was dismissed after considering the role attributable to the present appellant.

Learned counsel for the appellant submits that this appellant has been made accused on the basis of memorandum (Ex.P/6) under Section 27 of Indian Evidence Act of Hema. Thereafter memorandum of appellant has been recorded which is not admissible.

Government Advocate opposes the prayer and prays for its rejection.

We have gone through the Ex.P/6 wherein Hema disclosed that she alongwith present appellant murdered his own husband, thereafter thrown the dead body in the Mesko Dam. The appellant has disclosed the location from where dead body was recovered. The dead body was tied up with wire and cement pole.

In view of above, no case is made out for suspension of remaining jail sentence. Accordingly, I.A. No.13632/2022 is hereby dismissed. Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 30-11-2022 18:46:35

(VIVEK RUSIA) (AMAR NATH (KESHARWANI)) JUDGE JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 30-11-2022 18:46:35