Deepak @ D K Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 1247 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7605 of 2021 (DEEPAK @ D K SAKET Vs THE STATE OF MADHYA PRADESH)

Dated : 20-01-2023 Shri Om Prakash Agnihotri - Advocate for the appellant.

Shri Piyush Jain - Government Advocate for the State.

Appeal being arguable is admitted for final hearing. I. A. No.22197/2021, an application filed u/S.389(1) of Cr.P.C. for suspension of sentence is taken up and considered alongwith the reply of the

State.

This criminal appeal assails the judgment dated 09.11.2021 passed in S.T. No.10/2016 by the First Additional Judge to the Court of First Additional Sessions Judge, Panna (M.P.) whereby appellant has been convicted u/Ss.395 r/w 397 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.1,000/- and Sec.25(1-B)(A) of Arms Act and sentenced to undergo R.I. for 1 year with fine of R.1,000/- with default stipulations.

Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material

available on record, no case for suspension of sentence is made out.

Learned counsel for appellant submits that appellant has suffered about one and half year of incarceration as against the sentence of 10 year's R.I. awarded.

Learned counsel for appellant relying upon the order of suspension of sentence of co-convicted person Kamlesh Ahirwar @ Banta @ Lallu @ Aslam @ Rahul passed on 09.12.2022 in Cr.A. No.7342 of 2021 submits that case of appellant herein is similar to the case of Kamlesh Ahirwar @ Banta @ Lallu @

Aslam @ Rahul.

A bare perusal of order dated 09.12.2022 passed in favour of Kamlesh Ahirwar @ Banta @ Lallu @ Aslam @ Rahul indicates that said Kamlesh Ahirwar @ Banta @ Lallu @ Aslam @ Rahul was in custody since 7 years, whereas the appellant herein is in custody since only one and half year.

Considering the gravity of offenece, this Court for the time being declines bail to appellant and extends liberty to come again after suffering some further reasonable period of custody.

Accordingly, I.A. No.22197/2021 stands dismissed with the aforesaid liberty.

List for final hearing in due course.

(SHEEL NAGU) JUDGE

Sateesh

SATEESH KUMAR SEN 2023.01.20 17:24:36 +05'30'