Citation : 2024 Latest Caselaw 13652 MP
Judgement Date : 10 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5938 of 2020
(PUSHPENDRA @ PONTI RANA Vs THE STATE OF M.P.)
Dated : 10-05-2024
Ms. Indu Rajguru,learned counsel for the appellant.
Shri Gaurav Singh Chauhan, Dy. Govt. Advocate for the respondent/
State.
Heard on I.A. No.5158/2024, which is repeat second application filed under section 389(1) of the Cr.P.C. for suspension of jail sentence and grant of
bail filed on behalf of appellant- Pushpendra @ Ponti Rana.
2. Appellant has been convicted under Section 302/34 of the I.P.C. and sentenced to undergo life imprisonment with fine of Rs.2,000/- with default
stipulation vide judgment dated 22.01.2020 passed by the Court of 2nd Additional Sessions Judge, Barwah, Khargone in S.T. No.188/2014.
3. As per prosecution case, on 10.01.2014 at about 07:30 PM, the appellant inflicted multiple injuries on the head of the deceased by means of stone. Due to head injury, deceased Rajendra @ Raju had died on the same day.
4. First application of the appellant was dismissed on merit vide order dated 19.01.2023.
5. Considering the fact that after dismissal of first application for suspension of jail sentence of the appellant, there is no change in circumstances in which this repeat application can be considered.
6. Resultantly, I.A. No.5158/2024 is hereby rejected.
7. List in due course.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
ajit
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