Goldi @ Dheeraj vs The State Of Madhya Pradesh
2023 Latest Caselaw 1003 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3641 of 2022 (GOLDI @ DHEERAJ AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 17-01-2023 Ms. Shrishti Kashyap - Advocate for the appellant no.2.

Mr. Y.D. Yadav - Government Advocate for the State.

Heard on I.A.No.19152/2022, which is second application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant-Pappu. His first application was dismissed as withdrawn.

By the impugned judgment dated 09.4.2022 passed by Fifth Additional Sessions Judge, Chhindwara in Sessions Trial No.130/2016 the appellant has been convicted for offence under section 395 of IPC and sentenced to undergo R.I. for 07 years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the crime in question. The appellant is in custody since the date of judgment. The trial Court has not properly appreciated the oral and documentary evidence available on record. There are material contradictions and omission in the statements of material witnesses.

The appellant was not present on spot and even his name was not mentioned in the First Information Report and T.I.P of the appellant was not conducted. The appellant was on bail during trial also and he never misused the liberty. The appellant has already deposited fine amount. The final disposal of this appeal would take considerable time.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; taking into Signature Not Verified Signed by: JULIE SINGH Signing time: 1/19/2023 5:40:53 PM

account the nature of allegations against the appellant; role attributed to him; gravity of offence; and taking into account his custody period, this Court is of the opinion that no case is made out for suspension of sentence and grant of bail.

Accordingly, aforesaid interlocutory application stands dismissed on merits in respect of appellant no.2 Pappu.

(SMT. ANJULI PALO) JUDGE

julie

Signature Not Verified Signed by: JULIE SINGH Signing time: 1/19/2023 5:40:53 PM