Omkar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17838 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 2105 of 2013
                                                   (OMKAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-10-2023
                                 Shri Sanjay Sharma - Advocate for appellant.

                                 Smt. Seema Pandey - Panel Lawyer for respondent/State.

Shri S.S. Rajput - Advocate for complainant/objector.

Heard on IA No. 14414/2014, an application for urgent hearing on application for suspension of sentence and grant of bail.

Learned counsel for appellant seeks leave of this Court to withdraw IA No. 14414/2014 as same has become infructuous.

Permission is granted.

Accordingly, IA No. 14414/2014 is hereby dismissed as having been rendered infructuous.

Also heard on IA No. 3426/2023, an application filed by complainant/objector for cancellation of suspension order dated 12/08/2014.

Learned counsel for complainant/objector submits that after the grant of bail, on 01/10/2015, appellant/accused visited the premises of the prosecutrix

and threatened her family members and hurled abuses on them. Thereafter, appellant visited many times in the premises of victim and assaulted her and tried to create pressure on her for compromising the matter. In support of his contentions, learned counsel for complainant/objector has placed reliance on the decision of Hon'ble Supreme Court in the matter of Somesh Chaurasia Vs. State of M.P. and Another, 2021 SCC Online SC 480. Under these circumstances, learned counsel for complainant/objector prays for cancellation of suspension order dated 12/08/2014.

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/27/2023 1:42:36 PM

On the other hand, learned counsel for appellant has opposed the same and prays for rejection of IA No. 3426/2023.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that the parties are neighbors and there is an old dispute between them regarding construction of wall and both of them have lodged reports against each other in this regard, therefore, in the considered opinion of this Court, no case for cancellation of suspension of jail sentence and grant of bail to appellant is made out. Accordingly, IA No. 3426/2023 stands dismissed. So far as the judgment relied by learned counsel for complainant/objector is concerned, same is not applicable to the facts and circumstances of present

case.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10/27/2023 1:42:36 PM