Jaiprakash vs The State Of Madhya Pradesh
2023 Latest Caselaw 13912 MP

Citation : 2023 Latest Caselaw 13912 MP
Judgement Date : 24 August, 2023

Madhya Pradesh High Court

Jaiprakash vs The State Of Madhya Pradesh on 24 August, 2023

Author: Achal Kumar Paliwal

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 7082 of 2022
                                              (JAIPRAKASH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-08-2023
                                 Shri Siddharth Sharma - Advocate for the appellant.

                                 Shri Manoj Singh - Panel Lawyer for the respondent/State.

Heard on I.A.No.18376/2023 second application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant Jaiprakash @ Lala Pandey arising out of judgment dated 29.07.2022

delivered in S.T. No.980/2016 by First Additional Sessions Judge Rewa, District-Rewa.

T h e appellant has been convicted under Section 394 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.2,000/- wit h default stipulations.

His first application was dismissed on merits vide order dated 04.05.2023 (I.A.No.19163/2022).

Learned counsel for the appellant submits that Santosh Kumar Tiwari (PW-2) has not identified the property and identification of appellant is also not

proper. Learned counsel for the appellant further submits that appellant is first offender, he is an agriculturist and also suffering from back problem. Early hearing of appeal is not possible, therefore, the same will become infructuous. Thus, it is prayed that remaining jail sentence of the appellant may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer for the State. This Court by passing a detailed order dated 04.05.2023 had dismissed the appellant's application on merits, thereafter, there is no change in the Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/25/2023 10:04:56 AM

circumstances and also taking into consideration the evidence on record, I deem it not proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A.No.18376/2023 is hereby dismissed. List the matter for final hearing in due course.

(ACHAL KUMAR PALIWAL) JUDGE

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Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/25/2023 10:04:56 AM