Rajesh Bahe vs The State Of Madhya Pradesh
2023 Latest Caselaw 14303 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRR No. 3478 of 2023
                                             (RAJESH BAHE Vs THE STATE OF MADHYA PRADESH)

                         Dated : 31-08-2023
                               Ms. Savita Choudhary - Advocate for applicant.

                               Shri R.P. Prajapati - Panel Lawyer for respondent/State.

Heard on admission.

This revision being arguable is admitted for final hearing. Also Heard on I.A. No.18732/2023, which is first application filed

under Section 397(1) of Cr.P.C. on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the appellate Court for the offences punishable under Section 325 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.1,000/-, with default stipulations.

Learned counsel for the applicant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. The maximum jail sentence awarded to the applicant is 6 months. The applicant is in custody and disposal of this revision will take considerable time,

therefore, the jail sentence of the applicant may be suspended and he may be released on bail.

Learned counsel for the respondent/State has vehemently opposed the application.

Heard learned counsel for the parties, perused the records and the judgments of the Courts below.

In this application, the applicant has prayed for suspension of sentence on the ground that there are contradictions in prosecution evidence which were Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/1/2023 11:31:35 AM

neglected by the Courts below.

Arguments have been heard on the application and on perusal of record, it is evident that there is corroborative evidence available regarding the injury caused by the applicant to the victim and on this point the statements of victim as well as eye-witnesses Kamla Bai could not have been contradicted. It is claimed by the applicant that Dr. D. K. Raut (PW-8) found grievous injury on the right shoulder of the victim while Dr. A. A. Agrawal (PW-9) has stated that the injury was on left shoulder. This fact has been discussed in the judgment of appellate Court in paragraph no.12. Further, the MLC report (Ex.P/5) given by Dr. A. A. Agrawal clearly mentions that the injury was on the right shoulder.

Thus, I don't find any justified reason to interfere in the sentence awarded by the learned trial Court. Accordingly, the jail sentence of applicant cannot be suspended. Hence, the application is hereby dismissed.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/1/2023 11:31:35 AM