Dhavadiya @ Radheshyam vs The State Of Madhya Pradesh
2023 Latest Caselaw 379 MP

                                                    1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                         AT INDORE
                                           CRA No. 7043 of 2022
                             (DHAVADIYA @ RADHESHYAM 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.11118 of 2022, which is the first application under Section 389(1) of Cr.P.C. filed on behalf of appellant Dhavadiya, who has been convicted under Section 302/34 of IPC and Section 25(1-B)(b) of Arms Act and sentenced to Life Imprisonment with fine of Rs.15,000/- and one year R.I.

with fine of Rs.500/-, respectively.

Learned counsel for the appellant contended that appellant is suffering jail incarceration since 1.12.2016 and he has suffered jail incarceration for more than 6 years. FIR is belated without any satisfactory reason. Conduct of the complainant is unnatural as he being the father of the deceased would have been rushed to the police station, but no such step has been taken by him, which clearly shows that the prosecution story is false and cooked up against the applicant. There is a strong case in favour of the appellant. Final conclusion of appeal will take a long sufficient time. 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 axe along with the other co-accused Magar Singh who has caused injury to deceased by using of Falia, 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.11118 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