Mithun Chakrabarti vs The State Of Madhya Pradesh
2023 Latest Caselaw 911 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3038 of 2022 (MITHUN CHAKRABARTI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 16-01-2023 Shri Manoj Tiwari - Advocate for appellants.

Shri A.S. Pathak - Government Advocate for State.

Heard on I.A.No.18752/2022, which is second application filed on behalf of the appellant-Bhaiyaji Chakrabarti for suspension of sentence and grant of bail. His earlier application was dismissed as withdrawn vide order

dated 02.08.2022.

Appellant has been convicted by the trial Court under Sections 304-B/34 of I.P.C. and sentenced to undergo R.I. for 10 years with fine of Rs.1,000/- and Section 498-A of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.500/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has falsely been implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. Appellant is in custody from the date of judgment i.e. 21.03.2022 and final

disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the sentence of appellant.

Learned Government Advocate has opposed the application. After arguing at length, learned counsel for the appellant seeks to withdraw the application.

Signature Not Verified Prayer is rejected.

SAN

Digitally signed by NITESH PANDEY I have heard learned counsel for the parties. Looking to the facts and Date: 2023.01.17 16:57:48 IST

circumstances of the case and the allegation against the appellant and his son,

appellant is in custody since at this juncture, I am not inclined to allow this application.

Accordingly, the aforesaid application is hereby dismissed.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2023.01.17 16:57:48 IST