Ashok Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 12625 MP

                                                                  1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          CRA No. 3762 of 2021
                                                 (ASHOK MISHRA Vs THE STATE OF MADHYA PRADESH)



                           Dated : 04-08-2023
                                 Shri Sunil Gupta, learned counsel for the appellant.

                                 Shri K. K. Tiwari, learned G.A. for the respondent/State.

Heard on I.A.No.4158/2023, which is repeat second application for temporary suspension of jail sentence and grant of bail filed under section 389 of the Cr.P.C. on behalf of appellant-Ashok Mishra.

2. First application for suspension of jail sentence of the appellant was dismissed on merits vide order dated 31.01.2023.

3. The trial Court has convicted the appellant vide judgment of

conviction and order of sentence dated 01.04.2021 passed by 27th Additional Sessions Judge, District-Indore in S.T. No.570/2016 as under:-

                                        Conviction                              Sentence
                                                                       Fine    Imprisonment in lieu of
                              Section & Act       Imprisonment
                                                                      amount            fine
                                                        Life
                              302 of the IPC                      Rs.1000/-         6 months RI
                                                   Imprisonment
                              450 of the IPC         7 years       Rs.500/-         3 months RI
                            25(1b)(a) of Arms
                                                     3 years       Rs.200/-          1 month RI
                                    Act
                            27 of the Arms Act       5 years       Rs.300/-         2 months RI

4. Learned counsel for the appellant submits that appellant's wife is suffering from eye disease and was advised for eye surgery by eye specialist and there is no one in the family of the appellant therefore, prayer is made for temporary suspension of jail sentence and grant of bail to the appellant for a period of six months.

5. Learned Govt. Advocate for the respondent/State has objected the Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 04-08-2023 18:42:47

prayer of the appellant and prays for its rejection.

We have heard learned counsel for the parties and perused the record.

6. There is no medical documents in respect of surgery of the appellant's wife has been filed on record to establish the seriousness of the disease therefore, at this stage, no case for grant of temporary suspension, as prayed is made out.

7. Accordingly, I.A.No.4158/2023 is rejected. List the matter for final hearing in due course.

                                  (S. A. DHARMADHIKARI)                        (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                        JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 04-08-2023
18:42:47