Shankarsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1764 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 745 of 2020
                                        (SHANKARSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 31-01-2023
                                Shri Ramkrishna Shastri, learned counsel for the appellants.

                                Shri Aakash Sharma, learned Govt. Advocate for the respondent/State.

Heard on I.A. No. 14282/2021, which is second repeat application u/S 389(1) of Cr.P.C. for suspension of sentence of appellant no.3 - Jitendra S/o Nanuram Rajput. His first application was dismissed on merits vide order dated

25.02.2020.

The appellant has been convicted for the offences punishable u/S 302 of IPC(with regard to Makhan) and sentenced to suffer Life Imprisonment with fine of Rs. 5,000/- and convicted u/S 302 of IPC (with regard to Manju Bai) and sentenced to suffer Life Imprisonment with fine of Rs. 5,000/-, convicted u/S 201 of IPC(with regard to Lakhan) and sentenced to suffer 03 years R.I. with fine of Rs. 1,000/- and convicted u/S 201 of IPC (with regard to Bhuribai) and sentenced to suffer 03 years R.I. with fine of Rs. 1,000/- and further convicted u/S 317 of IPC and sentenced to suffer 02 years R.I. with default

stipulation vide judgment dated 2012.2019 passed by 2nd Additional Sessions Judge, Sardarpur Distt. Dhar in S.T. No. 385/2012.

Learned counsel for the appellants submits that he has falsely been implicated in the matter There is no specific allegation against the present appellant. Final hearing of the appeal will take considerable long time. With the aforesaid submissions, prayer for suspension of sentence has been made.

Learned Panel Lawyer for the State opposed the application on the ground that there are no changed circumstances on the basis of which benefit of Signature Not Verified Signed by: SEHAR HASEEN Signing time: 2/1/2023 11:35:12 AM

suspension of sentence can be granted to the appellant no.3 and has prayed for rejection of bail.

Having heard learned counsel for the parties, it is seen that earlier application filed by the appellant has already been considered and decided on merits vide order dt 25.02.2020. Learned counsel has not been able to point out any material change in the circumstances of the case, so as to take a different view of the matter.

Consequently, I.A. No. 14282/2021, filed by the appellant no.3 - Jitendra is hereby dismissed.

I.A. No. 14298/2021, an application for urgent hearing also stands

disposed of.

                               (S. A. DHARMADHIKARI)                     (PRAKASH CHANDRA GUPTA)
                                        JUDGE                                     JUDGE

                          sh




Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 2/1/2023
11:35:12 AM