Citation : 2023 Latest Caselaw 6962 MP
Judgement Date : 28 April, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3068 of 2014
(RAMESH @ SHARAD NETI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-04-2023
Shri V.P.Singh - Advocate for the appellant.
Shri Ajay Shukla - Government Advocate for the respondent/State.
Heard on I.A.No.1424 of 2023, which is the seventh application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of appellant- Ramesh @ Sharad Neti. The previous
application was withdrawn very recently on 21.12.2022. Within short span of time, the appellant again filed an application.
T he appellant have filed this Criminal Appeal being aggrieved by the judgment of conviction and sentence dated 09.10.2014 passed by Additional Sessions Judge, Dindori, District Dindori (M.P.) in Sessions Trial No.38/2013, whereby the appellants have been convicted under Sections 302 and 307 of the IPC and sentenced to undergo R.I. for life with fine of Rs.2,000/- and R.I for 10 years with fine of Rs.500/- respectively with default stipulations.
Shri V.P.Singh, Advocate has placed reliance on statement of injured
witness Bisahu Singh (P.W-4) and submits that on the basis of this statement the conviction of appellant is bad-in-law. This Court on 18.06.2015 was kind enough in suspending the jail sentence of appellant no.2. Thus, remaining jail sentence of appellant may be suspended.
The prayer is opposed by the other side.
It is seen that this Court suspended the remaining jail sentence of Signature Not Verified SAN
appellant no.2 because Bisahu Singh (P.W-4) did not take his name in the FIR Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.04.29 11:17:03 IST whereas name of present appellant is very much mentioned in the FIR.
Considering the gruesome nature of crime which had taken place with pre meditation, we are not inclined to suspend the remaining jail sentence of the appellant- Ramesh @ Sharad Neti.
The appellant is at liberty to file an application for early hearing. In the event said application is filed, same be listed promptly before the Bench.
Accordingly, IA No. 1424 of 2023 is hereby dismissed.
(SUJOY PAUL) (SMT. ANJULI PALO)
JUDGE JUDGE
anu
Signature Not Verified
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2023.04.29 11:17:03 IST
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