Citation : 2024 Latest Caselaw 5800 MP
Judgement Date : 26 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6320 of 2023
(PRADEEP PATEL Vs THE STATE OF MADHYA PRADESH)
Dated : 26-02-2024
Shri Jagat Singh - Advocate for appellant.
Shri Pramod Thakre - Public Prosecutor for respondent/State.
Heard on I.A. No.10322 of 2023:
2. This is the first application seeking for suspension of sentence and grant of bail filed on behalf of accused-Pradeep Patel, who has been convicted under
Section 302 of IPC, Sections 25(1-B)(a) and 27 of Arms Act, 1959 and sentenced to life imprisonment and to pay a fine of Rs.1,000/-, R.I. for two years and to pay a fine of Rs.500/- and R.I. for four years and to pay fine of Rs.1,000/- respectively with default stipulations as mentioned in the impugned judgment dated 12.04.2023 passed by the First Additional Sessions Judge, District Narsinghpur in S.T. No.118 of 2020.
3. Prosecution case as found proved by the trial Court is that on 27.07.2022 at around 5:00 p.m. appellant/accused Pradeep Patel caused injuries fatal to life to Vinay @ Shivraj by country made half gun, who succumbed to injuries. It is
also found proved that appellant/accused is the brother-in-law of deceased Vinay @ Shivraj. Appellant/accused was facing financial crises and murdered deceased Vinajy @ Shivraj to usurp his property.
4. Perused the record. In view of recovery of firearm from the appellant and ballistic expert report (Ex.P-45) obtained from State Forensic Science Laboratory, Sagar and availability of DNA profile of appellant-accused Pradeep Patel on the bidee recovered from the place of incident, he has no valid reason for suspension of sentence and grant of bail. Hence, I.A. No.10322 of 2023 is
rejected.
(RAVI MALIMATH) (GAJENDRA SINGH)
CHIEF JUSTICE JUDGE
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