Balwant Chohan vs The State Of M.P.
2022 Latest Caselaw 13594 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4090 of 2022 (BALWANT CHOHAN AND OTHERS Vs THE STATE OF M.P.)

Dated : 14-10-2022 Shri Prashant Chourasia, counsel for the appellants.

Shri Anoop Sonkar, Panel Lawyer for the State. Heard on admission.

The appeal is admitted for final hearing. Also heard on I.A. No.10761/2022, which is first application for suspension of sentence and grant of bail filed on behalf of the appellants.

The appellants have been convicted by the trial Court under Section 393 of IPC and sentenced to R.I. for 7 years each with fine of Rs.1000/- each with default stipulation.

Learned counsel for the appellants have submitted that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. Appellants are innocent and they have falsely been implicated in this case. It is further submitted that in this case the main witness Pooja Kushwaha (P.W.9) has turned hostile and some of the material witnesses have also turned hostile before the trial Court and not supported the case of the

prosecution. The appellants are in custody from the date of judgment i.e. 13.04.2022 and the final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellants may be suspended and they may be released on bail.

Learned Panel Lawyer for the State has strongly opposed the prayer for Signature Not Verified SAN suspension of sentence and submitted that offence is grievous in nature and Digitally signed by NITESH PANDEY Date: 2022.10.14 18:01:18 IST there are sufficient evidence available against them.

I have heard learned counsel for the parties. After considering the statement of Ameen Baig (P.W.1), Omprakash Panthi (P.W.2) and Sujeet Lanjewar (P.W.6), this Court is of the opinion that it is not a fit case where the benefit of suspension should be granted to the appellants. Hence, I.A. No.10761/2022 is hereby dismissed.

At this stage, learned counsel for the appellant prays for withdrawal of the aforesaid I.A. However, as this Court has also expressed the aforesaid order, it is not deemed fit to entertain such a prayer, accordingly, the aforesaid I.A. is hereby dismissed.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2022.10.14 18:01:18 IST