Madhya Pradesh High Court
Prashant Sharma vs The State Of Madhya Pradesh on 7 October, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2183 of 2020
(PRASHANT SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 07-10-2023
Shri Rohit Mishra - Advocate for the appellants.
Shri Prasannajeet Chatterjee - Panel Lawyer for State.
Reserved on : 05.10.2023
Pronounced on : 07.10.2023
Arguments of counsel for the parties are heard at length.
Judgment and record of the Court below perused.
ORDER
Heard on I.A.No.14005/2023, which is fifth application for suspension
of sentence and grant of bail filed on behalf of appellant-Prashant Sharma.
The appellant has been convicted for offence punishable under Section
307 of IPC and sentenced to undergo R.I. for 10 years and fine of Rs.5,000/-
and Section 325 of IPC and sentenced to undergo R.I. for 01 year and fine of
Rs.1,000/- respectivley, with default stipulations.
Learned counsel for the appellant submits that the appellant is innocent
and has falsely been implicated in the matter. He also submits that the trial Court
has not properly appreciated the oral and documentary evidence available on
record and committed error in convicting the appellant for aforesaid offence.
Appellant is in custody since 13.02.2020 and appeal would take considerable
time to conclude. The appellant was on bail during trial but he did not misuse
the liberty granted to him. He is ready to furnish adequate surety and shall
abide by the directions and conditions, which may be imposed by this Court.
Signature Not Verified
Signed by: NITESH PANDEY
Signing time: 10/10/2023
2:38:18 PM
Hence, it is prayed that the application for suspension of sentence may be
considered.
On the other hand, learned counsel for the State has opposed the
application and prayed for its rejection.
Heard counsel for the parties and perused the record.
This is the fifth application for suspension of sentence filed on behalf of
the appellant-Prashant Sharma. His first application was dismissed as
withdrawn vide order dated 16.11.2021 in I.A.No.9821/2020 whereas the
second application for seeking the relief of suspension of sentence was
dismissed on merits vide order dated 05.04.2022 in I.A.No.2361/2022. Later, he
filed another application but that was also dismissed as withdrawn on
22.09.2022 in I.A.No.13248/2022. One more application seeking for suspension
of sentence was filed which was also dismissed as withdrawn on 10.02.2023 in
I.A.No.22925/2022.
On this fifth application for suspension of sentence, the arguments of
both the parties have been heard and their appears no reason to revisit the
request of suspension of sentence. The second bail application which was
decided on merit has considered facts of the case and the Court had opined on
those facts that no case for suspension of sentence was made out in favour of
the appellant-Prashant Sharma. I too find that appellant was the person who
caused stab injury in the abdomen of victim-Somnath Panda and the injury was
of such nature that his intestine came out of the stomach. Co-convict Ravi
Pratap Singh was allowed the bail by a co-ordinate Bench of this Court vide
order dated 27.01.2022 in the light of the fact that there was a compromise
between the parties but upon consideration on merits, there is no reason to
suspend the sentence of appellant.
Signature Not Verified
Signed by: NITESH PANDEY
Signing time: 10/10/2023
2:38:18 PM
Hence, the aforesaid I.A. stands dismissed.
List this case for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
Nitesh
Signature Not Verified
Signed by: NITESH PANDEY
Signing time: 10/10/2023
2:38:18 PM
