Citation : 2025 Latest Caselaw 4989 MP
Judgement Date : 1 March, 2025
1 CRA-10946-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10946 of 2019
(SHAILENDRA DANGI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 01-03-2025
Shri Prakhar Naveriya, learned counsel for the appellants.
Shri Akhilendra Singh, learned Government Advocate for the
respondent/State.
Heard on I.A. No.14251/2023 , which is second application filed under Section 389 (1) of the Cr.P.C. for suspension of sentence and grant of bail on
behalf of appellant No.2 Dheeraj Rajput. His first application was dismissed on merits vide order dated 03.01.2022.
Appellant No.2 has been convicted under Sections 342, 376(D), 323 of IPC and sentenced to undergo R.I. for six months with fine of Rs.500/-, R.I. for 20 years with fine of Rs.2000/-, R.I. for 6 months with fine of Rs.500/- respectively, with default stipulations, and he has also been convicted under Section 376 of the IPC, vide impugned judgment of conviction and order of sentence dated 23.11.2019 passed by Tenth Additional Sessions Judge, Bhopal in S.T. No.307/2018.
Learned counsel for the appellant has reiterated the arguments advanced while arguing first application which was dismissed on merits vide order dated 03.01.2022. No new ground has been taken in support of this repeat application except the period of incarceration.
Learned counsel for the respondent/State has opposed the prayer for suspension of sentence and prayed for its dismissal.
2 CRA-10946-2019 Heard learned counsel for the parties.
Since learned counsel for the appellant has not pointed out any change in the circumstances after dismissal of the first application being dismissed on merits, therefore, we are of the considered opinion that no case for taking a different view from the view taken earlier is made out. Accordingly, I.A. No.14251/2023 is rejected.
List this case for final hearing in due course.
(SUSHRUT ARVIND DHARMADHIKARI) (DEVNARAYAN MISHRA) JUDGE JUDGE ak
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