Sheru Kha vs The State Of Madhya Pradesh
2023 Latest Caselaw 18180 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         CRA No. 2537 of 2023
                                                  (SHERU KHA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 31-10-2023
                                 Shri Ratnesh Kumar Gupta, learned counsel for the appellant.

                                 Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.

Heard on I.A.No.2371/2023, which is first application for suspension of sentence filed on behalf of appellant-Sheru Kha S/o Babu Kha.

2. The appellant stands convicted by the judgment dated 15.12.2022,

passed by the learned Additional Sessions Judge, Tehsil Badnagar, District Ujjain(M.P.) in S.T. No.100082/2017 for the offence under Section 302 of IPC and sentenced to Life imprisonment with fine of Rs. 2000/- and under Section 25(1-B)(B) of the Arms Act sentenced to RI for 1 years with fine of Rs.500/- with default stipulations.

3. As per prosecution story, on 12.04.2017 when Jagdish Upadhyay(PW8) alongwith Ambaram were going to Chintaman Ganesh Temple, Ujjain and after worshiping when they were returning back to Badnawar, their bus stopped at a Dhabha. While they were having tea, at that

time, two persons came on a motorcycle and told them to go from there. Upon this, Ambaram told them that they were having tea. On hearing this, one of the accused person with an intention to kill Ambaram, stabbed him with a knife. Thereafter, the accused persons ran away from the spot. On the basis of the aforesaid, a report was lodged against the present appellant.

4. Learned counsel for the appellant submits that the present appellant is innocent and has been falsely implicated in the crime. He is in custody for more than six and half years. He further submits that as per statement of PW8, the Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 01-11-2023 03:47:28

injury caused to deceased Ambaram is on right side of his body whereas as per FSL report, it is stated to be on the left side. There are material contradictions and omissions in the statement of the prosecution witnesses. Appeal is of the year 2023 and final disposal of this appeal will take considerable time. However, it is prayed that the substantive jail sentence of the appellant be suspended and he be released on bail.

5. Learned Government Advocate appearing for the State has vehemently opposed the bail application and submitted that Jagdish(PW8) has categorically stated that Kurta and knife containing human blood has been seized from the possession of the present appellant. He is a habitual offender. 22 other cases

have been registered against the present appellant. Even in the FSL report, human blood has been found. In such circumstances, looking to the gravity of the offence and custody period of the appellant, which is less, he prays for rejection of the application.

6. Heard learned counsel for the parties.

7. On due consideration of the facts and circumstances, we do not find any substantial ground for granting bail to the appellant. However, looking the nature of offence and so also the fact that custody period of the appellant is less, we are not inclined to allow this application for suspension of sentence.

Accordingly, I.A.No. 2371/2023 stands rejected.

                                (S. A. DHARMADHIKARI)                                  (PRANAY VERMA)
                                         JUDGE                                             JUDGE




                           pn
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 01-11-2023
03:47:28