Citation : 2024 Latest Caselaw 14836 MP
Judgement Date : 17 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 15615 of 2023
(IMTYAJ ALI Vs THE STATE OF MADHYA PRADESH)
Dated : 17-05-2024
Shri Deependra Singh Raghuwanshi, learned counsel for the appellant.
Dr. Anjali Gyanani, Public Prosecutor for the respondent/State.
Heard on IA No.9164 of 2024, which is the first application under Section 389(1) of Cr.P.C. filed on behalf of the appellant Imtiyaj Ali for grant of bail and suspension of remaining jail sentence.
2. Vide judgment dated 22.11.2023 passed by Sessions Judge, District
Bhind in S.T. No.128/2020, the appellant has been convicted for the offence under Section 302 of IPC and sentenced him to undergo Life Imprisonment with fine of Rs.10,000/- with default stipulation.
As per prosecution story, on the date of incident i.e. 9/2/2020, at about 12:00 in the night, the appellant was driving the truck bearing No.U.P.-25 D.T.0955 and dashed the car of the deceased bearing No.M.P.-30-C-5472. After sometime, when deceased was trying to stop the truck, appellant while driving rashly and negligently dashed him due to which he died on spot. The owner of the truck was found and vide Ex.P/14 he admitted the fact that
appellant was driving the truck on the date of incident. On the basis of such information, given by complainant, at Police Station Dehat, District Bhind, the FIR was registered.
Considering the aforesaid allegations against the appellant, no case is made out for suspension of sentence grant of bail to appellant.
Accordingly, IA No.9164 of 2024 is dismissed.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Ahmad
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