Abid vs The State Of Madhya Pradesh
2023 Latest Caselaw 16135 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 1265 of 2017
                                            (ABID AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-09-2023
                                 Shri Santosh Kumar Meena - Advocate for appellant.

                                 Shri Surendra Kumar Gupta - Govt. Advocate for respondent/State.

Heard on I.A.No.14427/2023, which is fifth application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant No.3 Aasmin Bi.

Appellant No.3 stands convicted vide judgment dated 04/07/2017 passed in S.T.No.231/2016 by Additional Sessions Judge, Kannod, District Dewas (M.P.) under Sections 498-A, 304-B and 302/34 of the Indian Penal Code, 1860 and has been sentenced to undergo 03 years RI, Life Imprisonment and Life Imprisonment with fine of Rs.3,000/- respectively with usual default stipulation.

Its a repeated application for suspension of sentence filed on behalf of the appellant No.3, who is the mother-in-law of the deceased. Her last application for suspension of sentence was recently dismissed on 28/07/2023 after arguing at length.

After considering the direct allegation levelled against the appellant No.3 and the dying declaration, this Court did not find any ground to consider the application for suspension of sentence afresh. Within a period of two months, this repeated application has been filed without there being any change material change in the circumstances. However, again we have examined the evidence available on record, specially the statement of Dr. Rajendra Gujarati (PW-11), who is the Doctor at Primarily Health Center and who initially attended the deceased and on whose certificate of fitness, dying declaration has been Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/29/2023 6:01:30 PM

recorded by the Tehsildar, in which there is specific allegation against the appellant No.3 and the husband.

In light of the aforesaid, we do not find any good ground to allow the application for suspension of sentence. Accordingly, I.A.No.14427/2023 stands dismissed.

                                (VIVEK RUSIA)                                          (ANIL VERMA)
                                    JUDGE                                                 JUDGE

                          Tej




Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 9/29/2023
6:01:30 PM