Hari Prasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 3634 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1690 of 2023 (HARI PRASAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 01-03-2023 Shri S.K.Tiwari- counsel for the appellants.

Ms.Mamta Mishra- Panel Lawyer for the State.

Record has been received.

Heard on admission.

The appeal is admitted for hearing.

Considered I.A.No.2290/2023, which is first application under section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellants No.1, 2, 3 & 4 & 5, namely, Hari Prasad, [email protected] Devendra Patel, Rajkumar, Narayan Patel & Gulab respectively.

By the impugned judgment dated 19.1.2023 passed by 4th Additional Sessions Judge, Katni in S.T.No.2700228/2014 the appellants have been convicted for offences under sections 304-II/149 & 148 of IPC and sentenced to undergo R.I. for 07 & 01 years each with fine of Rs.1000/- & Rs.1000/- each respectively, with default stipulations.

As per prosecution case, on 02.3.2014 at about 17.30 hours the appellants alongwith other co-accused person with common object entered the house of complainant, abused filthy languages for complainant and deceased (Khuman Singh), assaulted and committed murder of the deceased.

Learned counsel for the appellants submitted that appellants are innocent and have been falsely implicated in the crime in question. The trial Court has not Signature Not Verified SAN

properly appreciated the oral and documentary evidence available on record. Digitally signed by RAJESH MAMTANI Date: 2023.03.03 19:35:39 IST

The appellants are in jail since the date of judgment. The appellants were on bail

during trial. There is no likelihood of early disposal of instant criminal appeal. The appellants have deposited he fine amount. Hence, prayer has been made to suspend the jail sentence of appellants and grant them bail.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; nature of offence; allegations against the appellants; and period of custody, this Court is not inclined to suspend the jail sentence of appellants.

Accordingly, I.A.No.2290/2023 stands dismissed. List this case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.03 19:35:39 IST