Madhya Pradesh High Court
Rakesh vs The State Of Madhya Pradesh on 27 January, 2023
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4607 of 2021
(RAKESH Vs THE STATE OF MADHYA PRADESH)
Dated : 27-01-2023
Ms. Geetanjali Chourasia, learned counsel for appellant Rakesh s/o
Punam Chand Gohariya.
Mr. Gaurav Singh Chouhan, learned Government Advocate appearing
on behalf of the Advocate General / respondent.
Heard on IA No.12920/2022, a repeat (SECOND) application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant Rakesh Gohariya S/o Punam Chand Gohriya. His earlier application (IA No.21340/2021) for suspension of sentence has already been dismissed by this Court vide order dated 17.01.2022 on merits.
The present appellant has been convicted by learned 3rd Additional Sessions Judge, Dhar, District Dhar (MP) in Sessions Trial No.77/2020 vide judgment dated 1st July, 2021 under Section 364 (A) of Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for life along with fine of Rs.1,000/-; and in default of payment of fine, the appellant was directed to undergo six months additional rigorous imprisonment.
Looking to the verification report, it is found that father of the appellant is suffering from paralysis, however, as per report, he has eight family members in his family including two minor children. In such circumstances, this Court does not find it to be a fit case for grant of temporary bail / suspension of jail sentence. However, the appellant shall be at liberty to apply for final hearing of the appeal; and if the said application is rejected, the appellant can renew his Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 27-01-2023 17:54:59 2 prayer for regular suspension of sentence.
Accordingly, IA No.12920/2022 is hereby dismissed.
(SUBODH ABHYANKAR) (PRANAY VERMA)
JUDGE JUDGE
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 27-01-2023
17:54:59