Dinesh Uikey vs The State Of Madhya Pradesh
2023 Latest Caselaw 13176 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 1925 of 2022
                                             (DINESH UIKEY Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-08-2023
                                Shri Sourabh Bhusan Shrivastava - Advocate for appellant.

                                Shri Aditiya Gupta - Public Prosecutor for respondent/State.

Heard on I.A. No.3354 of 2022.

This is the first application seeking for suspension of sentence and grant of bail under Section 389(1) of the Cr.P.C. filed on behalf of accused/appellant

- Dinesh Uikey who has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment and fine of Rs.5,000/- with default stipulations as mentioned in the impugned judgment.

The case of the prosecution is that on 19.01.2019 at about 8 to 9 PM, the accused assaulted the deceased by knife. She was taken to hospital where she succumbed to injuries. The charge-sheet was filed. On trial, the accused was convicted and sentenced in the manner as narrated hereinabove. Hence, the instant appeal.

Learned counsel for appellant contends that the prosecution has failed to

prove its case beyond reasonable doubt and hence, the benefit should go to the accused. Therefore, he prays that the accused is entitled to be released on bail.

The same is disputed by the learned Public Prosecutor. Heard learned counsels.

The material on record would indicate that there are four eyewitnesses to the commission of the offence. The deceased has sustained as many as five stabbed injuries by the knife. The cause of death is assault due to the knife. The knife has been recovered from the accused. Thus, there is substantial material Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 8/16/2023 12:10:23 PM

against the accused. It would appear that the trial court has rightly convicted the accused. However, these are all matters to be considered at the stage of final hearing. For the present, on merits we do not find any good ground to enlarge the appellant on bail.

Hence, I.A.No.3354 of 2022 for suspension of sentence and grant of bail is rejected.

                                 (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                   CHIEF JUSTICE                                           JUDGE

                          Prar




Signature Not Verified
Signed by: PRARTHANA
SURYAVANSHI
Signing time: 8/16/2023
12:10:23 PM