Santosh Kumar Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 17964 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 8305 of 2019
                                         (SANTOSH KUMAR KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2023
                                 Shri Siddharth Datt - Advocate for appellant.

                                 Shri Pramod         Kumar Pandey -           Government Advocate for
                           respondent/State.

I.A. No.10538/2023, third repeat application u/S.389 (1) of Cr.P.C. for suspension of sentence has been moved by appellant Santosh Kumar

Kushwaha. First application was dismissed on merits on 13.01.2021 and Second application was dismissed as withdrawn on 02.12.2022.

This criminal appeal assails the judgment dated 16.09.2019 passed in S.T. No.34/2018 by Sessions Judge, Nagoud, District Satna (M.P.) whereby appellant has been convicted u/S. 304-B of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/-, under Section 498-A of IPC and sentenced to undergo RI for 2 years with fine of Rs.10,000/- and under Section 4 of Dowry Prohibition Act and sentenced to undergo RI for 2 years with fine of Rs.10,000/-, with default stipulations.

This Court after hearing the said repeat application u/S.389 (1) of Cr.P.C. does not feel it appropriate to consider the same on merits in view of the earlier application having been dismissed on merits, but considering the fact that the appellant is in custody since more than 5 years, the case be listed for hearing in the final hearing list of January, 2024.

Accordingly, IA No.10538/2023 stands disposed of.

                             (SHEEL NAGU)                                                      (HIRDESH)
Signature Not Verified
Signed by: VINAY KUMAR
VERMA
Signing time: 28-10-2023
13:35:49

                                    JUDGE       JUDGE
                           vkv /-




Signature Not Verified
Signed by: VINAY KUMAR
VERMA
Signing time: 28-10-2023
13:35:49