Veer Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13480 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 7944 of 2019
                                        (VEER SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 18-08-2023
                                Shri Manish Datt - Sr. Advocate with Shri Siddharth Datt - Advocate

                         for the appellant Nos.3 & 4.
                                Shri Akhilendra Singh - Government Advocate for respondent/State.

Heard on I.A. No.16556 of 2022, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellants No. 3

Dhanji and No.4 Noulram arising out of judgment dated 28/08/2019 delivered in Sessions Trial No.300580/2016 by Additional Sessions Judge, Amarwada District Chhindwara (MP).

T he appellants have been convicted under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.500/- and Section 201 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.200/-, with default stipulations.

As per prosecution story, on 25/07/2016 at around 11 O'clock, the deceased Praglal @ Pyarelal came back to his house, took dinner and after that

at around 11:30, went out of the house to attend the call of the nature. Soon he came out the out of his house, the accused persons caught hold of him and assaulted by means of different weapons. As per story, appellant Noulram assaulted by means of Barchhi whereas Dhanji assaulted by means of lathi.

Learned senior counsel for these appellants urged that there was a previous enmity between the parties and therefore, statements of eye witnesses are not creditworthy. The questions framed under Section 313 of the Cr.P.C. are not happily verdict. Final hearing of this appeal is not possible in near future. Signature Not Verified Signed by: MANJU Signing time:

8/21/2023 12:43:26 PM

Thus, remaining jail sentence of these appellants may be suspended.

Shri Akhilendra Singh, learned Government Advocate opposed the prayer on the basis of objection.

We have heard the parties and perused the record. In view of statements of eye-witnesses, coupled with the FSL report which indicates that there was human blood found on Barchhi and blood was found on lathi which were carried by Noulram and Dhanji respectively, at this stage, no case is made out for suspension of sentence.

Accordingly, I.A.No.16556 of 2022 is dismissed.

                            (SUJOY PAUL)                                  (ACHAL KUMAR PALIWAL)
                               JUDGE                                              JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
8/21/2023 12:43:26 PM