Sanjay vs The State Of Madhya Pradesh
2023 Latest Caselaw 2410 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                 CRA No. 1726 of 2018
                                                            (SANJAY Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 10-02-2023
                                            Shri Shailendra Verma - Advocate for appellant.

                                            Shri Yogesh Dhande - Government Advocate for State.

                                            This application is filed seeking for suspension of sentence and bail by
                                   accused No.3 - Sanjay, who has been convicted for the offence punishable
                                   under Section 302 of the I.P.C. and sentenced to life imprisonment with fine of

                                   Rs.2,000/- in default R.I. for 1 year vide impugned judgment dated 24.01.2018
                                   passed by the First Additional Sessions Judge, Mauganj, District Rewa in S.T.
                                   No.312 of 2014.
                                            The plea of the appellant is that there are various errors in the judgment of
                                   the trial court that requires to be considered. That the prosecution has failed to
                                   make out a case so far as the appellant - Sanjay, namely, accused No.3 is
                                   concerned. The same is disputed by the learned counsel appearing for the
                                   State.
                                            On considering the contentions, we do not find any ground to enlarge the

                                   applicant on bail. The material on record would indicate that the grave injury
                                   was caused by this accused by means of a Sabbal, namely, an iron rod that
                                   appears to be the cause of injuries. Since there is intention to commit the
                                   murder, the trial Court having considered the material, has convicted the
                                   accused. So far as the merits are concerned, the same would be considered at
                                   the stage of the final hearing. For the present, it is suffice to notice that the
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  SAN


                                   injuries caused are attributable directly to the accused himself. There are even
Digitally signed by PREM SHANKAR
MISHRA
Date: 2023.02.14 11:14:49 IST
                                   eyewitnesses who support the case of the prosecution. Hence, we find no good
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                                   ground to allow the application (I.A. No.13962 of 2022). The same is
                                   dismissed.


                                         (RAVI MALIMATH)                            (VISHAL MISHRA)
                                           CHIEF JUSTICE                                 JUDGE

psm

Signature Not Verified SAN

Digitally signed by PREM SHANKAR MISHRA Date: 2023.02.14 11:14:49 IST