Madhya Pradesh High Court
Neelu @ Nilesh Koshti vs The State Of Madhya Pradesh on 16 April, 2018
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HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Cr. A. No.389 of 2016
Indore, Dated:- 16/04/2018
Shri S. D. Lalwani, learned Counsel for the appellant--Neelu
@ Nilesh Kosti S/o Dilip.
Shri Bhuwan Gautam, learned Public Prosecutor for the
respondent/State.
Heard on I.A. No.2348 of 2018, 2nd/repeat application for suspension of jail sentence of appellant--Neelu @ Kilesh Kosti.
His first application was dismissed on merit vide order dated 5.8.2016, which reads as under:-
"Heard on I.A.No.1876 of 2016, first application for suspension of jail sentence of appellant - Neelu @ Nilesh Koshti, who has been convicted under Section 302, IPC and has been sentenced to undergo life imprisonment with fine of Rs.1000/-, under Section 201, IPC has been sentenced to undergo 7 years RI with fine of Rs.1000/- with default clause on each count.
On the basis of mobile phone, which has been recovered from Shekhar Chouhan, the matter was investigated and the present applicant was implicated in the criminal case for committing the murder of Pinky. On the basis of memorandum recorded under Section 37, Cr.P.C., dead body of Pinky (the deceased) was found from the well vide Exhibit P/3.
Considering the aforesaid and other material evidence available on record, no case for grant of suspension of jail sentence as prayed is made out.
I.A.No.1876 of 2016 is accordingly, rejected."
In view of the aforesaid, there is no change in the circumstances to consider this repeat application.
I.A. No.2348 of 2018 is, accordingly, rejected.
(P. K. Jaiswal) (S. K. Awasthi)
Judge Judge
pp/
Digitally signed by Pankaj Pandey
Date: 2018.04.16 15:17:16 +05'30'