Madhya Pradesh High Court
Dinesh vs The State Of Madhya Pradesh on 4 August, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 7370 of 2022
(DINESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-08-2023
Shri Omprakash Solanki, learned counsel for the applicant.
Shri K. K. Tiwari, learned G.A. for the respondent/ State.
Shri Ashish Choubey, learned counsel for the Objector.
Learned counsel for the appellant submits that he is adopting the reply
filed in Cr.A. No.7373/2022 in this appeal also.
Heard on I.A.No.5984/2023, which is an application filed under section
301(2) of the Cr.P.C.
For the reasons stated in the application, I.A. No.5984/2023 is allowed.
Counsel for the Objector is permitted to assist the prosecution.
Also, heard on I.A.No.6714/2023, which is first application for
suspension of sentence and grant of bail filed under section 389(1) of the
Cr.P.C. on behalf of appellant-Dinesh.
2. The trial Court has convicted the appellant under Section 302 of the
I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs.3,000/- with
default stipulation, vide judgment of conviction and order of sentence dated
22.07.2022 passed by the Addl. Sessions Judge, Badnawar, District Dhar in
S.T. No.34/2019.
3. Prosecution story in brief is that on 07.07.2019 at around 8 to 9 A.M.
deceased Mansingh had gone to his agriculture land. At that time appellant-
Dinesh, co-accused Parmesh, Shantilal, Suresh came there. Co-appellant
Shantilal assaulted the deceased by lathi and present appellant Dinesh, co-
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 07-08-2023
18:15:45
accused Parmesh and Suresh assaulted the deceased on his head and other
parts of the body by means of stone. Thereafter, co-accused Gopal and Pukraj
also came there and both of them caught hand of the deceased. All the co-
accused persons including present appellant had assaulted the deceased. The
deceaed had received multiple injuries on body and due to the injuries he had
died.
4. Learned counsel for the appellant submits that the appellant has not
committed any offence. He has falsely been implicated in the case. The co-
accused persons Gopal and Pukraj have already been granted bail by this Court
vide order dated 29.03.2023 passed in criminal appeal no.7373/2022 however,
learned counsel for the appellant fairly submits that case of the present appellant
is different from the aforesaid co-accused persons who were granted bail by
this court. Further it has been submitted that appellant is in custody since
15.07.2019 to 25.08.2021 and thereafter from the date of judgment i.e.
22.07.2022. Final hearing of this appeal is not possible in near future therefore,
it is prayed that the remaining jail sentence of the appellant may be suspended
and he may be released on bail.
5. Learned Govt. Advocate for the respondent/State as well as learned
counsel for the Objetor has opposed the prayer of the appellant and prayed for
its rejection.
6. We have heard learned counsel for both the parties and perused the
record.
7. Considering the facts and circumstances of the case and also
considering the statement of son of the deceased Mukesh (P.W.-10) and wife
of the appellant Jhagubai (P.W.-2) who are eye witnesses in this case, at this
stage, we are not inclined to suspend the jail sentence and grant of bail to the
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 07-08-2023
18:15:45
appellant. Accordingly, I.A.No.6714/2023 is rejected.
8. I.A. No.6713/2023 for urgent hearing and I.A. No.9127/2023
application for objection also stands closed.
List for final hearing in due course.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 07-08-2023
18:15:45
