Madhya Pradesh High Court

Lakhnu Singh Yadav vs The State Of Madhya Pradesh on 3 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 505 of 2024
                                           (LAKHNU SINGH YADAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-05-2024
                                 Shri Basant Raj Pandey - Advocate for the appellant.

                                 Shri Y. D. Yadav - Govt. Advocate for respondent/State.

Appellant has filed I.A. No.553/2024 an application under Section 389(1) of Code of Criminal Procedure for suspension of jail sentence against judgment and conviction dated 31.12.2022 passed by learned Additional Sessions Judge,

Baihar, Dist. Balaghat.

2. Appellant has been convicted under Sections 467 and 409 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.25,000/- and R.I. for 7 years with fine of Rs.25,000/- with default stipulations.

3. It is submitted by learned counsel for the appellant that appellant is in jail and and there is no likelihood of hearing of appeal in near future. It is submitted that appellant has not embezzled any money. In these circumstances, sentence may be suspended and appellant may be released on bail.

4. Learned Govt. Advocate appearing for the respondent/State opposed

the application for suspension of sentence.

5. Heard the counsel for the parties.

6. Considering the deposition of witnesses available against the appellant, I.A. for suspension of sentence is dismissed.

7. Appellant is at liberty to file repeat application after period of six months.

(VISHAL DHAGAT)

JUDGE mms