Shivendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 2259 MP

                                                                        1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                               CRA No. 7378 of 2018
                                                  (SHIVENDRA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 08-02-2023
                                         Shri Raman Patel - Advocate along with Shri Rupesh Patel - Advocate

                                   for the appellants.
                                         Shri Y.D. Yadav - Government Advocate for the respondent - State.

Heard on I.A. No.16000 of 2022 - third application under Section 389 (1) of the Code of Criminal Procedure for suspension of sentence and grant of bail

to the appellant No.1 - Shivendra.

Earlier two applications preferred by the appellant No.1 i.e. I.A. No.2216 of 2019 and I.A. No.2533 of 2021 were dismissed as withdrawn vide orders dated 12.03.2019 and 08.12.2021, respectively.

The appellant No.1 has been convicted by the impugned judgment passed by the trial Court for offences punishable under Sections 302 and 201 of the Indian Penal Code and sentenced to undergo life imprisonment (fine Rs.2,000/-) and RI for 3 years (fine Rs.1,000/-) with default stipulations.

Though counsel appearing for the appellant has raised many contentions

yet he mainly submitted that the appellant has already served sentence for a period of six years and sentence imposed on co-accused has already been suspended.

Government Advocate has vehemently opposed the prayer. Heard learned counsel for the parties and perused the record. The role attributed the present appellant - Shivendra is entirely different than that of Signature Not Verified SAN

Chhotelal. The present appellant is the husband of the deceased Sita Devi and Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.02.10 14:10:21 IST he is the main accused. He had suspicion that his wife had illicit relationship

with someone and, therefore, he committed murder of his wife. The case is based on circumstantial evidence and there are sufficient material against the present appellant. Hence, this Court is not inclined to suspend the sentence imposed on the present appellant.

Accordingly, I.A. No.16000 of 2022 is hereby dismissed. List the case for final hearing in due course.

                                        (SMT. ANJULI PALO)                                  (VISHAL DHAGAT)
                                              JUDGE                                              JUDGE

                                   ks




Signature Not Verified
  SAN




Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
Date: 2023.02.10 14:10:21 IST