Citation : 2023 Latest Caselaw 1240 MP
Judgement Date : 20 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4320 of 2022
(SANDEEP DWIVEDI Vs THE STATE OF MADHYA PRADESH)
CRA No. 4594 of 2022
Dated : 20-01-2023
Shri Ajay Kumar Shukla - Government Advocate for respondent.
IA No.8189 of 2022 (in Cr.A. No.4320 of 2022) is an application seeking suspension of sentence and bail filed on behalf of accused No.4 Sandeep Dwivedi and IA No.9339 of 2022 (in Cr.A. No.4594 of 2022) is an
application seeking suspension of sentence and bail filed on behalf of accused No.2 - Anand Verma. They have been convicted under Sections 364/34, 364- A/34, 302/34 and 404 of the IPC and sentenced to life imprisonment with fine of Rs.20,000/-, life imprisonment with fine of Rs.20,000/-, life imprisonment with fine of Rs.20,000/- and RI for three years with fine of Rs.5,000/- each respectively with default stipulations vide impugned judgment dated 30.4.2022 passed in Sessions Trial No.136 of 2018.
The applications for suspension of sentence and bail were filed on 9.5.2022 and 20.5.2022. Ever since then time is being taken by the counsel for
the appellants to argue the matter. Today he is absent. However, we have heard learned Government Advocate.
The case of the prosecution is that a case was lodged since the son of the complainant went missing since 24.3.2018. Thereafter investigation had taken place. The accused were arrested and after investigation, charge sheet was filed against four accused for the aforementioned offences. Signature Not Verified SAN The entire prosecution case is based on the circumstantial evidence. Digitally signed by PREM SHANKAR MISHRA Date: 2023.01.23 12:57:58 IST Material on record would indicate that various calls and messages were made
seeking ransom. Call details have been recorded. On the basis of such material, the accused have been convicted. Prima-facie we are of the view that the trial court was justified in convicting the accused. It would appear for the present that every link in the case of prosecution story has been linked together. However, these are all matters to be considered at the time of final hearing.
Under these circumstances, we find no good ground to suspend the jail sentence of accused No.2 - Anand Verma and accused No.4 - Sandeep Dwivedi and enlarge them on bail.
Hence, IA No.8189 of 2022 and IA No.9339 of 2022 are dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
SKM
Signature Not Verified
SAN
Digitally signed by PREM SHANKAR
MISHRA
Date: 2023.01.23 12:57:58 IST
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