Kapil Markam vs State Of Madhya Pradesh
2021 Latest Caselaw 1525 MP

                                                1                                        CRA-142-2020
                       The High Court Of Madhya Pradesh
                                  CRA-142-2020
                            (KAPIL MARKAM Vs STATE OF MADHYA PRADESH AND OTHERS)

    3
    Jabalpur, Dated : 22-04-2021
                      Heard through Video Conferencing.
   Shri V.C Rai, learned counsel for the appellant.

   Shri Rajeshwar Rao, learned Government Advocate assisted by Shri Sidharth Sharma, learned
   PL for the respondent/State.

Heard on I.A. No.6130/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant.

The appellant-accused has filed this appeal against the conviction and sentence dated 04/11/2019 passed by Special Judge (POCSO) Act, Jabalpur in Special Case No. 14288/2016 convicting the appellant-accused under Sections 363, 366, 376(1) of IPC and sentencing him to undergo R.I for 3 years, R.I for 7 years and R.I for 20 years and also convicting the appellant-accused under section 3/4 of POCSO Act and sentencing him to undergo R.I for 10 years respectively with fine amount with default stipulation.

Having heard learned counsel for the parties and considering the evidence on record in respect of age of the prosecutrix and taking into account the the appellant-accused was in jail pending trial for a period of 2 years and 4 months and now after impugned judgment of conviction, the appellant- accused is in jail since 04/11/2019, at present we are not inclined to suspend the appellant's jail sentence and the appellant is at liberty to again revive his prayer for suspension of jail sentence, if his appeal is not heard and decided finally before he completes incarceration of 5 years in jail. Accordingly, IA No. 6130/2021 stands disposed of with the aforesaid liberty.

Registry is directed to prepare paper book and list the appeal for further hearing.

                 (MOHAMMAD RAFIQ)                                           (SANJAY DWIVEDI)
                  CHIEF JUSTICE                                                     JUDGE

Digitally signed by
   tarun
TARUN KUMAR
SALUNKE
Date: 2021.04.22
16:02:44 +05'30'