Anil Swami vs The State Of Madhya Pradesh
2023 Latest Caselaw 2358 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 3236 of 2014
                                                          (ANIL SWAMI Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 09-02-2023
                                            Shri Siddharth Datt - Advocate for appellant.

                                            Shri S.S. Chauhan - Government Advocate for respondent.

I.A.No.20654 of 2022 is an application seeking suspension of sentence and grant of bail filed on behalf of appellant - Anil Swami who has been convicted for offence punishable under Section 302/34 of the IPC and

sentenced to life imprisonment with fine of Rs.10,000/-, with default stipulations v id e impugned judgment dated 16.09.2014 passed by the 1st Additional Sessions Judge, Sagar in Sessions Trial No.384 of 2013.

The learned counsel for the appellant contends that there is a discrepancy so far as dying declaration is concerned. The doctor's evidence is to the effect that the hands of the victim/deceased were burnt, therefore, she could never ever have signed on the dying declaration. On this ground he pleads that the appellant be released on bail. Same is objected to by the State.

Considering the contentions, we do not find any ground to enlarge the

appellant on bail. There is a dying declaration by the deceased. The same has been supported by the other witnesses. There is substantial material to support the judgment of conviction passed against the appellant. So far as the other contentions are concerned, the same are to be considered at the stage of final hearing and not while considering the application for bail. On merit, we find no good ground to entertain this application.

Signature Not Verified SAN

Accordingly, I.A. No. 20654 of 2022 is dismissed.

Digitally signed by MANVENDRA SINGH
PARIHAR
Date: 2023.02.10 14:54:08 IST

                                            (RAVI MALIMATH)       (VISHAL MISHRA)
                                              CHIEF JUSTICE            JUDGE
                                      MSP




Signature Not Verified
  SAN




Digitally signed by MANVENDRA SINGH
PARIHAR
Date: 2023.02.10 14:54:08 IST