Madhya Pradesh High Court
Omi @ Omprakash vs The State Of Madhya Pradesh on 15 September, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 248 of 2017
(OMI @ OMPRAKASH Vs THE STATE OF MADHYA PRADESH)
Dated : 15-09-2023
Smt. Archana Kher - Advocate is appearing on behalf of Shri Sachin
Parmar - Advocate for appellant Omi @ Omprakash S/o Kanhaiya Lal
Raikwar.
Shri Surendra Kumar Gupta - Government Advocate for respondent -
State of Madhya Pradesh.
Shri Vishal Panwar - Advocate is appearing on behalf of Shri Kamal Kumar Tiwari - Advocate for objector.
Heard on IA No.12502 of 2023, which is a repeat (NINTH) application under Section 389 (1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant Omi @ Om Prakash Raikwar S/o Kanhaiya Lal Raikwar.
T he appellant has been convicted by First Additional Sessions Judge, Ujjain, District Ujjain (MP) in Sessions Trial No.493 of 2013 vide judgment dated 24.01.2017 for offence punishable under Sections 302/149 and 147 of Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for Life and Six Months along with fine of Rs.3,000/- and Rs.500/- respectively with default stipulation.
Vide order dated 15.11.2018, his repeat (FOURTH) suspension application (IA No.2802 of 2028) has already been dismissed by this Court on merit.
Looking to ocular evidence as well as corroborative evidence available on record against the present appellant, no case for suspension of jail sentence is Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 9/15/2023 5:43:25 PM 2 made out.
Accordingly, IA No.12502 of 2023 being devoid of merit is hereby dismissed.
O ffic e is directed to examine the matter in light of order dated 28.06.2022; and list the matter for final hearing in compliance of order passed by the Apex Court.
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHAWE
Signing time: 9/15/2023
5:43:25 PM