Udalsingh And Anr. vs The State Of Madhya Pradesh
2022 Latest Caselaw 13408 MP

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                                                             CRA No. 305/2011



         HIGH COURT OF MADHYA PRADESH: BENCH INDORE
   BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
   RUSIA & HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                         CRA No. 305 of 2011
      (Udalsingh S/o. Jaharsingh & another. V/s. State of M.P.)
Date: 12.10.2022 :
      Shri Vikas Jain, learned counsel for the appellants.
      Shri Kamal Kumar Tiwari, learned Govt. Advocate for
respondent/State.

Heard on I.A. No.12260/2022, a repeat (13th) 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 - Udalsingh.

The 12th application for the same relief was dismissed vide order dated 15.3.2022 with an observation that the appeal itself can be heard finally. The 5th application for suspension of jail sentence of appellant No.1 was dismissed on merit vide order dated 26.2.2018 by a detailed order. Virtually, the appellant No.1 is filing the application twice in a year in order to get suspension of jail sentence. Appellant No.1 is said to have caused the repeated injury to the deceased by means of knife. The other accused have caused the injuries by means of stick and stone. Apart from the deceased, appellant No.1 has also caused the injuries to Raju.

Learned counsel for the appellants submits that now the appellant No.1 has completed more than 12 years' jail sentence, therefore, his jail sentence is liable to be suspended. In support of his contention, he has placed reliance over the judgment of the apex Court

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CRA No. 305/2011

in the case of Yusuf V/s. State of Uttar Pradesh [SLP (Crl.) No.7166/2022 decided on 5.9.2022].

Once this Court has dismissed the 5 th application for suspension of jail sentence on merit and thereafter, several applications for the same relief have also been dismissed, only completion of 12 years' jail sentence is no ground for suspension of jail sentence of appellant No.1.

This appeal is of the year 2011 and there is already direction for listing the appeal for final hearing. List for final hearing in January, 2023.

With the aforesaid, I.A. No.12260/2022 is dismissed.

         [ VIVEK RUSIA ]            [AMAR NATH (KESHARWANI)]
             JUDGE.                         JUDGE.
Alok/-

Digitally signed by ALOK GARGAV
Date: 2022.10.13 10:46:04 +05'30'