Anil vs The State Of Madhya Pradesh
2023 Latest Caselaw 15799 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRR No. 3082 of 2023
                                             (ANIL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-09-2023
                                 Shri Santosh Sahu - Advocate for the applicants.

                                 Shri     Dinesh   Patel   - Deputy Government           Advocate for the
                          respondent/State.

Heard on I.A. No.17221/2023 which is an application for suspension of sentence and grant of bail to the applicants.

Each of the applicants have been convicted under Section 323/34 of the IPC and sentenced to undergo R.I. for three months with fine of Rs.500/-. They have also been convicted under Section 325/34 of the IPC and sentenced to undergo R.I. for six months with a fine of Rs.1000/- respectively, with default stipulations.

Learned counsel for the applicants submits that independent witness P.W.8 has turned hostile and P.W.1 and P.W.2 are also not wholly reliable. It is submitted that cross-case has been registered against the complainant on the basis of report lodged by the applicants. The dispute had arisen on account of

use of hand pump. The doctor has admitted that injuries sustained by the injured persons might have been caused on account of fall. Learned trial court has not taken into consideration the defence evidence. Ther is no legal evidence to connect with the alleged offences and that they have been wrongly convicted and sentenced.The final hearing of this revision will take considerable time. Thus, the remaining jail sentence of the applicants may be suspended.

Learned Panel Lawyer for the State on the other hand has opposed the application.

Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 9/26/2023 10:29:51 AM

I have gone through the impugned judgment and also the evidence adduced by the prosecution. Therefore, in view of the overall evidence, including the evidence of the doctor P.W.5 and P.W.9, I do not deem it proper to allow the application.

Accordingly, I.A. stands dismissed.

(ACHAL KUMAR PALIWAL) JUDGE

ps

Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 9/26/2023 10:29:51 AM