Mahendra @ Banti vs The State Of Madhya Pradesh
2021 Latest Caselaw 4668 MP

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                                                                                          CRA No.6772/2018

                 High Court of Madhya Pradesh, Jabalpur
                             Bench at Indore
            Criminal Appeal No.6772/2018
Indore, Dated 25.08.2021
         Shri Vivek Singh, learned counsel for appellant Mahendra @

Banti s/o Prem Singh Bundela.

         Shri Yashpal Rathore, learned Panel Lawyer for the respondent

/ State of Madhya Pradesh.

Heard on IA No.6260/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of appellant Mahendra

@ Banti s/o Prem Singh Bundela.

The present appellant has been convicted and sentenced by

learned 5th Additional Sessions Judge Indore, District Indore (MP) in

Sessions Trial No.306/2015 vide judgment dated 31.05.2018, as

under: -

                 Conviction                                    Sentence
     Section              Act                  RI        Fine amount      Imprisonment in lieu of fine
   376 (2) (I)    IPC               10 years            Rs.1,500/-        8 months RI
   3 r/w 4        POCSO Act, 2012   10 years            Rs.1,500/-        8 months RI

Counsel for the appellant has submitted that the prosecutrix

was the consenting party and her age is also disputed, as no cogent

evidence has been led to prove her age to be less than eighteen years.

It is also submitted that the final disposal of the appeal is

likely to take sufficiently long time. Thus, it is submitted that the

remaining jail sentence of the appellant be suspended and he be

CRA No.6772/2018

released on bail.

Counsel for the respondent / State, on the other hand, has

opposed the prayer.

On due consideration of the rival submissions and on perusal

of the record as also the impugned judgment, it is found that the

learned Judge of the trial Court has held the age of the prosecutrix to

be in between 15 to 17 years and in such circumstances, considering

the fact that the appellant was aged around twenty five years at the

time of incident, no case for grant of suspension of jail sentence is

made out.

Accordingly, IA No.6260/2021 being devoid of merits is

hereby dismissed.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.08.28 11:26:07 +05'30'