Citation : 2023 Latest Caselaw 1284 MP
Judgement Date : 20 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1572 of 2017
(KALU @ CHETAN Vs THE STATE OF MADHYA PRADESH)
Dated : 20-01-2023
Shri Vikas Yadav, learned counsel for the appellant.
Shri Mukesh Kumawat, learned Government Advocate for the
respondent/State.
Heard on I.A. No.15646/2022, which is an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail.
The appellant has convicted for the offence punishable under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000/- with default stipulation vide judgment dated 24.07.2017 passed by First Additional and Sessions Judge, Dewas in S.T. No.464/2022.
Earlier application of the appellant was dismissed on merit vide order dated 13.11.2017. This application has been filed on the ground that co- accused Khapa has granted the benefit of suspension to whom neither blood stain cloth nor weapon has been recovered but from this appellant blood stain shirt containing blood of deceased which has been established by the DNA has
been recovered. Even appellant has not completed 5 years of jail sentence.
In view of the above, no case is made out for suspension of remaining jail sentence. Accordingly, I.A. No.15646/2022 is hereby rejected.
(VIVEK RUSIA) (SUBODH ABHYANKAR)
JUDGE JUDGE
Praveen
Signature Not Verified
Signed by: PRAVEEN
NAYAK
Signing time: 20-01-2023
19:06:41
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