Mahendra Alias Dharmendra Adiwasi vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 19692 MP

Madhya Pradesh High Court

Mahendra Alias Dharmendra Adiwasi vs The State Of Madhya Pradesh Thr on 24 November, 2023

                                     1

     IN THE HIGH COURT OF MADHYA PRADESH

                             AT GWALIOR
                              CRA-796-2017

 (MAHENDRA @ DHARMENDRA ADIWASI Vs. STATE OF MADHYA
                                PRADESH)

DATED:- 24-11-2023

      Shri Hemant Kumar Goyal - Advocate for accused/appellant.
      Shri A.K. Nirankari - Public Prosecutor for respondent/State.

Heard the learned counsel for the accused/appellant and learned counsel for the State.

This Criminal Appeal under Section 374(2) of Cr.P.C. is directed against the judgment of conviction and sentence dated 29/05/2017 passed by 5th Additional Sessions Judge, Gwalior, District- Gwalior (M.P.) in S.T. No.139/2014.

Order on I.A. No. 18676/2023.

This third application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail has been moved on behalf of sole accused/appellant- Mahendra @ Dharmendra Adiwasi. The first application was dismissed for want of prosecution on 15/05/2018 and second application was dismissed on merits on 25/06/2019 by this Court .

The accused/appellant has been convicted and sentence as under:-

      Section                Sentence        Fine (Rs.)     Default
                                                          Stipulation
    366 of IPC              10 Years RI       5000/-      3 Months RI
 376(2)(f) of IPC        Life Imprisonment    5000/-      3 Months RI



                                       376(2)(i) of IPC                                Life Imprisonment        5000/-      3 Months RI
                                   376 (2)(n) of IPC                                   Life Imprisonment        5000/-      3 Months RI

Although learned counsel for the appellant/accused argued the matter even on merits but merits of the case has already been considered at the time of disposal of second application. There is no new ground except period of custody of the appellant. Earlier also on 25/10/2023, learned counsel for the appellant prayed for four weeks time to argue the matter and time was granted by this Court but today again on specific query whether learned counsel for the appellant is ready to argue the matter on merits but he declined for the same.

This Court is inclined to decide the matter on merits whenever it is argued. There is no new ground available for suspension of sentence and grant of bail to the appellant. Accordingly, IA No.18676/2023 is dismissed.

Matter is directed to be listed after one week for final hearing. Registry is directed to prepare the paper book within three working days.

                                    (RAJENDRA KUMAR-IV)                                                   (AVANINDRA KUMAR SINGH)
                                          JUDGE                                                                   JUDGE


      rahul

RAHUL SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473f

PARIHAR e77953f5, postalCode=474001, st=Madhya Pradesh, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B5 5575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.11.24 19:07:18 +05'30'