Devichandra Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1476 MP

Citation : 2023 Latest Caselaw 1476 MP
Judgement Date : 25 January, 2023

Madhya Pradesh High Court

Devichandra Ahirwar vs The State Of Madhya Pradesh on 25 January, 2023

Author: Anjuli Palo

                                                                        1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                CRA No. 3995 of 2022
                                             (DEVICHANDRA AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 25-01-2023
                                         Shri D.K. Mishra - Advocate for the appellants.

                                         Shri K.S. Patel - Panel Lawyer for the respondent/State.

Heard on I.A. No.17730/2022, which is second application filed by the appellant No.3 for suspension of sentence. His first application was dismissed as withdrawn.

By the impugned judgment dated 08.03.2022 passed by IInd Additional Sessions Judge, Tikamgarh, in Sessions Trial No.39/2021 the appellant No.3 has been convicted under Section 307 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.5000/- with default stipulations.

Learned counsel for the appellant No.3 has submitted that appellant No.3 is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. It is also submitted that jail sentence of the co-accused persons have already been suspended by this Court. Appellant No.3 is in jail since long and

final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the sentence of appellant No.3.

Learned Panel Lawyer has opposed the application. I have heard learned counsel for the parties. Looking to the nature of offence and injuries caused by the appellant No.3 to the complainant by using hard and sharp weapon, at this juncture, I am Signature Not Verified SAN

not inclined to allow this application. Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.01.27 15:21:24 IST Accordingly, I.A. No.17730/2022 is hereby dismissed.

(SMT. ANJULI PALO) JUDGE rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.01.27 15:21:24 IST