Komal vs The State Of Madhya Pradesh
2023 Latest Caselaw 4486 MP

                                                                            1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                   CRA No. 2144 of 2013
                                                        (KOMAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 21-03-2023
                                             Shri Mohamad Saleem Khan - Advocate for the appellant.

                                             Shri Y.D.Yadav - Government Advocate for the respondent - State.

Heard on I.A. No.22610 of 2022 which is fourth application under section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant.

By the impugned judgment, the appellant has been convicted for offence punishable under Section 302/34 of the IPC and sentenced to undergo RI for life (fine Rs.2,000/-) with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant has served about 10 years in custody. The trial Court has not properly appreciated the oral and documentary evidence available on record. Final disposal of appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of appellant.

Learned Government Advocate has opposed the prayer for suspension of sentence of appellant.

Heard learned counsel for the parties and perused the record. After considering the facts and circumstances of the case and evidence available on record, this Court is of the considered opinion that it is not a fit case, to suspend the sentence imposed on the appellant. Signature Not Verified SAN

Accordingly, 22610 of 2022 is dismissed. Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.23 16:02:28 IST List the case for final hearing in due course.

(SMT. ANJULI PALO) (DINESH KUMAR PALIWAL) JUDGE JUDGE anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.23 16:02:28 IST