Hariprasad Patel vs State Of Madhya Pradesh
2023 Latest Caselaw 11886 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 7047 of 2021
                                              (HARIPRASAD PATEL Vs STATE OF MADHYA PRADESH)

                          Dated : 28-07-2023
                                 Shri Raman Patel - Advocate for the appellant.

                                 Shri A.N. Gupta - Government Advocate for the respondent/State.

Parties are heard on I.A.No.20886/2021 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 24.05.2019 delivered in S.T.

No.39/2018 by I Additional Sessions Judge, Mauganj, Distt. Rewa.

T h e appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. It is submitted that the all prosecution witnesses have turned hostile and they have not supported the prosecution story. It is also submitted by the learned counsel that appellant had gone to Jabalpur to meet his ailing brother who was suffering from Cancer. He

was not present at his house during the day time. There is no evidence to connect the appellant with the alleged offence. The final hearing of this appeal is not possible in near future, thus. Therefore, he prays for that the remaining jail sentence of appellant may be suspended and he be released on bail.

The prayer is opposed by learned Government Advocate. Perusal of appellant's examination under Section 313 of Cr.P.C. reveal that therein he has stated that on the date of incident at 9.30, he had gone to Jabalpur and at Jabalpur, he received information about the murder of his wife. Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 7/31/2023 9:49:00 AM

Thereafter, her came back and performed last rites of his wife. Perusal of documents Ex.P/1,2,3,5,6,7,17,19/23 etc. shows that neither therein appellant's name is mentioned nor above documents contain his signature. Therefore, in the facts and circumstances of the case, we deem not proper to suspend the sentence of appellant.

Accordingly, I.A.No.20886/2021 is rejected.

                               (SUJOY PAUL)                               (ACHAL KUMAR PALIWAL)
                                  JUDGE                                           JUDGE

                          sh




Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 7/31/2023
9:49:00 AM