Deepak vs The State Of Madhya Pradesh
2023 Latest Caselaw 20216 MP

Madhya Pradesh High Court

Deepak vs The State Of Madhya Pradesh on 1 December, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 8557 of 2022
                                                 (DEEPAK Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-12-2023
                                 Shri Bheemsen Soni, learned counsel for the appellant

                                 Shri Gaurav Singh Chouhan, learned Dy. G.A. for the State.


                                 Heard on I.A.No.17842/2023, which is repeat third application for
                           suspension of sentence and grant of bail filed under section 389(1) of the
                           Cr.P.C. on behalf of appellant-Deepak.

                                 2. The trial Court has convicted the appellant under Section 302 of the
                           I.P.C. and sentenced to undergo Life Imprisonment with fine of Rs. 1,000/-,
                           with default stipulation, vide judgment of conviction and order of sentence
                           dated 05.09.2022 passed by the First Additional Sessions Judge, West Nimar,
                           Mandaleshwar in S.T. No.138/2021.
                                 3. First application of the appellant was dismissed as withdrawn vide
                           order dated 07.02.2023 and thereafter second application was dismissed for
                           want of prosecution vide order dated 24.11.2022.
                                 4. As per prosecution case, on 02.04.2022 at around 8:30 p.m. in front of

                           Rahul's house present appellant Deepak and co-accused Yashwant and Om
                           caught hold the deceased Rohit and co-accused Jagdish stabbed in the
                           abdomen of the deceased and due to the injuries deceased had died.
                                 5. Learned counsel for the appellant submits that the appellant has not
                           committed any offence. He has falsely been implicated in the case. As alleged,
                           present appellant had not stabbed the deceased, main accused is Jagdish. The
                           appellant served the custody period of 2 years and 8 months. Final hearing of
                           this appeal is not possible in near future therefore, it is prayed that the remaining
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 02-12-2023
11:07:27
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                           jail sentence of the appellant may be suspended and he may be released on bail.
                                     6. Learned Govt. Advocate for the respondent/State has opposed the

prayer of the appellant and prayed for its rejection.

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

8. After considering the statement of eye witness Rahul (P.W.-1) at this stage no case is made out for suspending the jail sentence of the appellant and grant him bail. Accordingly, I.A.No.17842/2023 is rejected.

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

                           ajit