Madhya Pradesh High Court
Trivendra Singh vs The State Of Madhya Pradesh on 6 February, 2023
Author: Anjuli Palo
Bench: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1049 of 2023
(TRIVENDRA SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 06-02-2023
Shri V. D. S. Chauhan, learned counsel for the appellant.
Shri C. S. Patel, learned Panel Lawyer for the respondent State.
Heard on admission.
Admit.
Also heard on I.A. No.1308/2023, which is first application filed under section 389(1) of CrPC for suspension of sentence of appellant Dharmendra Kumar Patel who stands convicted under Sections 468 and 471 of IPC and has been sentenced to undergo R. I. for 3 years and 1 year to pay fine of Rs.5,000/- and Rs.2,000/- respectively with default stipulation for using false marksheet for getting the job as Rozgar Sahayak through appellant No.5 Makrand Prasad Prajapati who died.
The trial Court has not properly appreciated the oral and documentary evidence on record and committed error in convicting the appellant for aforesaid offences.
Learned counsel for the appellant submits that seizure witnesses have turned hostile and there is no evidence against the appellant. Maximum sentence awarded to the appellant is 3 years. Trial Court suspended the sentence of the appellant till 08.02.2023.
Learned Panel Lawyer has opposed the application. Looking to the nature of offence and involvement of the appellant, at this stage no case is made out for suspension of sentence.
I.A. No.1308/2023 stands rejected.
Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 2/7/2023 10:56:57 AM 2The appellant is directed to surrender before trial Court. List for final hearing in due course along with Cr.A. No.12029/2022.
(SMT. ANJULI PALO) JUDGE Loretta Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 2/7/2023 10:56:57 AM