Shailu @ Salla @ Mangal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3032 MP

THE HIGH COURT OF MADHYA PRADESH CRA No.1938/2021 (SHAILU @ SALLA VS. STATE OF M.P. & ANR.)

Through Video Conferencing

Gwalior, Dated : 06/07/2021

Shri Suresh Agrawal, Counsel for the appellant.

Shri Vinod Pathak, Counsel for the State.

The record of the Court below has been received.

Heard on I.A.No.8804/2021. This is an application for

suspension of sentence and grant of bail.

The appellant has been convicted for the following offences :

Conviction U/s Sentence Fine Default (in lieu of fine) Section 8 of POCSO 4 years RI 2,000/- 6 months RI Act

It is submitted by the counsel for the appellant that Mansaram

(P.W.4) to whom the incident was narrated, has not supported the

prosecution case. It is fairly conceded by the counsel of the appellant

that the complainant P.W.1, her mother P.W.2 and her sister P.W.3

have supported the prosecution case. According to the prosecution,

the appellant had pressed the breast of the complainant who had gone

to a flour mill. It is submitted that the appellant had remained in jail

for a period of seven days during trial and he is in jail from the date

of judgment of case i.e. 04/03/2021.

Per contra, it is submitted by the counsel for the State that the

complainant, her mother and sister have supported the prosecution

case and there is nothing in the cross-examination, which may

indicate that the appellant was falsely implicated by the prosecution.

Considering the totality of the facts and circumstances of the

case, this Court is of the considered opinion that it is not a fit case for

grant of bail. However, the appellant is granted liberty to revive the

prayer after undergoing half of the jail sentence.

I.A.No.8805/2021, an application for urgent hearing is also

dismissed as infructuous.

(G.S. Ahluwalia) Judge Pj'S/-

PRINCEE BARAIYA 2021.07.06 20:28:28 -07'00'