Chhotu @ Chhotelal vs The State Of Madhya Pradesh
2023 Latest Caselaw 6046 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 558 of 2016
                                      (CHHOTU @ CHHOTELAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-04-2023
                                Ms. Sharmila Sharma - Advocate for appellants.

                                Mr.     Kamal Kumar Tiwari - Government Advocate for the
                          respondent/State.

IA.No.4149/2013, which is an application for urgent hearing, stands disposed off.

Also heard on I.A.No.4148/2023, which is fourth application under Section 389 of the Cr.P.C. for suspension of custodial sentence on behalf of appellant No.3 Saligram S/o Dattu.

Appellant No.3 stands convicted vide judgment dated 23/02/2016 passed in S.T.No.131/2010 by XV ASJ, Indore (M.P.) under Sections 302/149 and 148 of the Indian Penal Code, 1860 and has been sentenced to undergo Life Imprisonment with fine of Rs.5,000/- and 01 year RI with fine of Rs.500/- respectively with usual default stipulation.

Present repeated application is filed only on the ground of age of the

appellant Saligram.

According to the appellant, he is more than 70 years of age but as per the record his age was 50 years at the time of commission of offence. Even otherwise, present appellant has said to have caused injuries by means of stick. As per the postmortem report as many as 17 injuries were found over the body of the deceased and most of the injuries were in rail pattern and multiple fractures were found. Therefore, it is established that the deceased has been beaten brutally by all the appellants. Even otherwise, appellant has not Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/13/2023 7:03:58 PM

completed 10 years of jail sentence as he was on bail during the trial. His presence has also been established on the spot and there is a recovery of stick also.

Therefore, we are of the opinion that no case for grant of suspension of sentence is made out. Accordingly, IA.No.4148/2023 stands dismissed.

Certified copy as per rules.

                                (VIVEK RUSIA)                                            (ANIL VERMA)
                                    JUDGE                                                   JUDGE

                          Tej




Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 4/13/2023
7:03:58 PM