Parmeshwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 9871 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 4644 of 2022
                                             (PARMESHWAR Vs THE STATE OF MADHYA PRADESH)

                         Dated : 30-06-2023
                               Shri Bhupendra K. Shukla - Advocate for appellant.

                               Shri     Narendra       Chaurasiya     -    Government       Advocate      for
                         respondent/State.

Heard on I.A.No.13873 of 2023, which is the second application for suspension of jail sentence and grant of bail.

Earlier application (I.A.No.9605 of 2022) was dismissed vide order dated 17.10.2022.

This Criminal appeal assails the judgment dated 13.04.2022 passed in S.T. No.94/2018 by the Second Additional Sessions Judge, Balaghat, District Balaghat, whereby the appellant has been convicted under Section 307 of Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and Rs. 10,000/- respectively, with default stipulation.

It is the case of the appellant that the independent witnesses have not supported the prosecution case and in the statement of Mukesh (PW-2) who is

the injured, there are material contradictions and omission and the factum of previous enmity has not been properly appreciated by the learned Trial Court. He has already undergone custody period of one year and six months approximately. The final hearing of the appeal will take sufficient time, therefore, he prays for grant of bail.

State counsel has opposed the contentions stating therein that there are specific allegations of inflicting injury upon the present appellant. PW-1 who was the injured has specifically stated against the appellant. Only one year and Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 7/1/2023 4:01:55 PM

six months custody is not sufficient and the injuries are also medically corroborated. Merely the independent witnesses have not supported the prosecution case cannot be a ground to enlarge him on bail especially when the injured witnesses have specifically stated against him. On these grounds, he prays for dismissal of this application.

Considering the overall facts and circumstances of the case, this Court is not inclined to allow this application.

Application (I.A.No.13873 of 2023) is hereby rejected.

(VISHAL MISHRA) JUDGE

AM

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 7/1/2023 4:01:55 PM