Darasingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 15748 MP

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                               HIGH COURT OF MADHYA PRADESH AT INDORE
                                       CRIMINAL APPEAL NO.5220 OF 2023
                                  (Darasingh & Another vs The State of Madhya Pradesh)


                         Indore, Dated 23.09.2023
                                Mrs. Sharmila Sharma, counsel for the appellants.
                                Mr.     Gaurav        Singh    Chauhan,          counsel       for      the
                         respondent/State.

Heard on IA No.9607 of 2023 which is first application for suspension of sentence under Section 389 of the Code of Criminal Procedure, 1973, filed on behalf of appellant No.1 - Darasingh S/o Shri Dhanna More who has been convicted by learned Additional Sessions Judge, Sendhwa, District-Barwani (MP) in Session Trial No.42/2019 vide judgment dated 17.12.2019 and has been sentenced him as under:-

                                         Conviction                            Sentence
                               Section & Act   Imprisonment    Fine Amount       Imprisonment in lieu
                                                                                        of fine
                                302/34 IPC          Life           Rs.2000/-         02 years RI
                                                Imprisonment
                                  201 IPC        02 years RI       Rs.500/-         02 months RI



                         (2)    Counsel for the appellant No.1 submits that the incident

took place in the midnight of 13 and14th January 2019 and the FIR was lodged on 15.01.2019 and there is no explanation of delay of FIR and that there are so many contradictions and

Signature Not Verified Signed by: ARUN NAIR Signing time: 23-09-

2023 18:54:50

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5220 OF 2023 (Darasingh & Another vs The State of Madhya Pradesh)

omissions in the statements of prosecution witnesses. The main witness (PW-3) has been declared hostile and he was in the police custody for two days and after the threatening of police, he has disclosed the name of accused and has not supported the medical evidence.The final disposal of this appeal would take considerably long time to conclude. Hence prays for suspension of sentence and grant of bail to appellant No.1.

(3) Per contra, counsel for the respondent/State opposes the prayer and prays for its rejection.

(4) I have heard counsel for both the parties and have perused the original record.

(5) Having considered the facts and circumstances of the case and on perusal of the prosecution evidence of Doctor R.R. Bhojne (PW/12) who has conducted the postmortem of deceased has stated that due to excessive loss of blood and serious injuries on the head, the deceased had died and on perusal of statement Vishram (PW/3) and other prosecution witnesses and looking to the intensity and gravity of crime committed by the accused/appellant No.1, we are of the considered opinion that it is not a fit case for suspension of sentence and grant of bail to the

Signature Not Verified Signed by: ARUN NAIR Signing time: 23-09-

2023 18:54:50

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5220 OF 2023 (Darasingh & Another vs The State of Madhya Pradesh)

appellant No.1. Accordingly, the suspension application - IA No.9607 of 2023 stands dismissed.

                                     (S.A. DHARMADHIKARI)                             (HIRDESH)
                                           JUDGE                                       JUDGE

                         Arun/-




Signature Not Verified
Signed by: ARUN NAIR
Signing time: 23-09-
2023 18:54:50