Sher Singh Alias Sheru Alias Kheer ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 12381 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        CRA No. 4926 of 2019
                           (SHER SINGH ALIAS SHERU ALIAS KHEER SINGH JAAT AND OTHERS Vs THE STATE OF MADHYA
                                                               PRADESH)

                         Dated : 03-08-2023
                                Shri R.S. Patel - Advocate for the appellants.

                                Shri S.K. Kashyap - Government Advocate for respondent-State.

Heard on I.A. No.14603 of 2022, this is third application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of temporary bail to appellant No.1 - Sher Singh @ Sheru arising out of judgment dated 1.5.2019

delivered in Sessions Trial No.24/2018 by 1st Additional Sessions Judge, Narsinghpur.

Learned counsel for the appellant does not wish to press I.A.No.16143/2023.

Accordingly, I.A.No.16143/2023, for grant of temporary bail is disposed off.

The appellant No.1 has been convicted under Section 302/34 of IPC and sentenced to undergo for life imprisonment with fine of Rs.1000/- and Section 323/34 of IPC and sentenced to undergo R.I. for 2 years within fine of Rs.500/-

, with default stipulations.

Learned counsel for appellant No.1 submits that previous applications of this appellant were dismissed as withdrawn. Learned counsel after referring to evidence of Dr.Rajesh Singhai (PW-10) and post mortem report (Ex.P-15) submits that no injuries of sharp edged weapon/sharp cutting object (Kataar) has been found on the body of deceased. The appellant is in jail since more than 6 years. There is no evidence with connect the appellant in the alleged

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/7/2023 2:33:45 PM

crime. He has been falsely implicated in the case. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of this appellant may be suspended.

The prayer is opposed by learned Government Advocate on the basis of objection.

Taking into consideration the evidence of Golu Rai (PW-3), Kundan Chadhar (PW-4) and Deepak Sondhiya (PW-5) and F.I.R. (Ex.P/10) which has been lodged promptly and in which the name of appellant No.1 is mentioned, we deem it not proper to suspend the remaining jail sentence of appellant No.1.

Accordingly, I.A No.14603 of 2022 is dismissed.

                             (SUJOY PAUL)                                 (ACHAL KUMAR PALIWAL)
                                JUDGE                                              JUDGE

                         irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 8/7/2023
2:33:45 PM