Mahendra @ Bhaiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 21271 MP

Madhya Pradesh High Court

Mahendra @ Bhaiya vs The State Of Madhya Pradesh on 13 December, 2023

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 4794 of 2017
                                           (MAHENDRA @ BHAIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-12-2023
                                 Shri Avinash Sirpurkar - Learned Senior Advocate appearing along

                           with Shri Yogesh Kumar Gupta - Advocate for appellant Mahendra @
                           Bhaiya Pardeshi.
                                 Shri Kapil Mahant - Advocate for respondent - State of Madhya

Pradesh.

Heard on IA No.6854 of 2023, which is a repeat (SIXTH) application under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant Mahendra @ Bhaiya S/o Ashok Pardeshi.

The appellant has been convicted by Additional Sessions Judge, Dhar, District Dhar (MP) in Sessions Trial No.421 of 2011 vide judgment dated 15.09.2017 for offence punishable under Sections 302, 364 and 201 of Indian Penal Code, 1860 as well as under Section 25 (1-B)(B) of ARms Act and sentenced to undergo rigorous imprisonment for Life, Ten Year and Seven

Years along with fine of Rs.1,000/-, Rs.1,000/- and Rs.500/- as well as Three Years with fine of Rs.500/- respectively with default stipulation.

His second application (I.A. No.6046 of 2018) has already been dismissed on merit by this Court vide order dated 31.08.2018.

Present application is filed only on the ground of completion of about seven years (without remission) of the awarded sentence, whereas he has already been awarded with Life Imprisonment.

After considering the entire merit of the case and instead of the custody

period of the present appellant, there is no changed circumstances to consider this repeat suspension application, therefore, no case for suspension of sentence is made out.

Accordingly, IA No.6854 of 2023 being devoid of merit is hereby dismissed.

                                 (VIVEK RUSIA)                                         (ANIL VERMA)
                                     JUDGE                                                JUDGE

                           rcp