Magar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 378 MP

                                                   1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                         AT INDORE
                                            CRA No. 541 of 2019
                                  (MAGAR SINGH Vs THE STATE OF MADHYA PRADESH)

              Dated : 06-01-2023
                      Shri Ashish Gupta - Advocate for the appellant.

                      Shri Amit Singh Sisodia - GA for respondent/State.

Heard on IA No.1691 of 2022, which is the second application under Section 389(1) of Cr.P.C. filed on behalf of appellant Magar Singh, who has b e e n convicted under Section 302/34 of IPC and sentenced to Life Imprisonment with fine of Rs.15,000/-.

Earlier application of the appellant was dismissed vide order dated 16.9.2021.

Learned counsel for the appellant contended that appellant is suffering jail incarceration since 30.5.2018 i.e. from the date of the judgment of trial Court. He has spent more than 6 years in the custody. FIR is belated without any plausible explanation. Prosecution has failed to prove its case beyond reasonable doubt. Conduct of the sole eyewitness Haru is also doubtful, therefore, his testimony cannot be relied upon. There is strong case in favour of the appellant. Under these circumstances he prays for grant of bail and

suspension of remaining jail sentence of the appellant till the final disposal of the present appeal.

Per contra, learned GA for the respondent/State opposed the application for suspension of sentence and prayed for its rejection.

Considering all the facts and circumstances of the case, arguments Signature Notadvanced Verified by counsel for the parties, nature and gravity of allegation as also Signed by: TRILOK SINGH SAVNER taking note of the fact that Haru (PW-3) is the sole eyewitness who deposed Signing time: 09-Jan-23 10:38:01 AM

against the present appellant, present appellant has caused injury by using of Falia and co-accused Dhavadiya has caused injury to deceased by using of axe, as per the postmortem report deceased sustained 12 incised wound, blood stained weapon has been recovered from the possession of the present appellant also, offence is very brutal in nature, incident took place at the night time and on the next day FIR has been lodged, as per the judgment of the trial Court previous enmity between both the parties regarding the agricultural field has also been proved, therefore, in view of the evidence available on record, we are not inclined to suspend the remaining jail sentence of the appellant.

Hence, IA No.1691 of 2022 is dismissed.

C.C. as per rules.

                 (VIVEK RUSIA)                                               (ANIL VERMA)
                     JUDGE                                                      JUDGE

             trilok




Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 09-Jan-23
10:38:01 AM