Balmik Kevat (Wrongly Mentioned ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 3822 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3595 of 2020 (BALMIK KEVAT (WRONGLY MENTIONED BALMIKI) Vs THE STATE OF MADHYA PRADESH)

Dated : 03-03-2023 Shri Rakesh Dwivedi - Advocate for appellant.

Shri Pankaj Raj - Panel Lawyer for State.

Record of the Court below has been received. Heard on admission.

This appeal seems to be arguable, therefore, admitted for hearing.

Also heard on I.A. No.22394/2022, which is third application for suspension of sentence and grant of bail filed on behalf of the appellant. His earlier two applications were dismissed as withdrawn.

T h e appellant has been convicted by the trial Court under Sections 376(2) (dha) of the I.P.C. and sentenced to undergo R.I. for 10 years with fine of Rs.2,000/- and Section 506 (Part-2) of IPC and sentenced to undergo R.I. for 06 months respectively, with default stipulations.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record

and committed error in convicting the appellant for the aforesaid offences. Maximum sentence awarded against the appellant is 10 years. Appellant is in jail from the date of the judgment i.e. 06.03.2020 and disposal of this appeal would take considerable time, hence, jail sentence of the appellant may be suspended and he may be released on bail.

Signature Not Verified Learned Panel Lawyer has opposed the application. SAN

Digitally signed by NITESH PANDEY Looking t o the facts and circumstances of the case and nature of Date: 2023.03.04 11:17:22 IST

offence, this Court is not inclined to suspend the jail sentence of the appellant,

at this juncture.

After passing the aforesaid direction, learned counsel for the appellant seeks permission to withdraw this application.

His permission is rejected.

Accordingly, I.A. No.22394/2022 stands dismissed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2023.03.04 11:17:22 IST