IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA st ON THE 21 OF JANUARY, 2026 WRIT PETITION No. 5098 of 2011 KAILASH @ KAILASH NARAYAN SHARMA Versus STATE OF M.P. AND OTHERS Appearance:

Shri Raj Kumar Singh Kushwah - Advocate for the petitioner.

Shri Dinesh Savita - PP for the State.

ORDER This writ petition under Section 226/277 of the Constitution of India has been preferred by the petitioner against the judgment of conviction and order of sentence dated 20.07.2011 passed by Session Judge, Morena District Morena in Cr.A. No.101/2010 by which petitioner has been sentenced as under:-

2. Appellant has been convicted under Section 304-A of IPC and sentenced to undergo one years; R.I. with fine of Rs.1500/- with default stipulation.

3. It is the submission of learned counsel for the petitioner that the incident is of year 2008 has suffered sufficient jail incarceration as pretrial and post trial detention. It is also submitted that petitioner is a cancer patient and his treatment is still going on. Hence, it is submitted that the case of petitioner be considered for the sentence which is already undergone by him, for which he is ready to pay ad