Rahul vs The State Of Madhya Pradesh
2021 Latest Caselaw 7287 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                         CR. A. No. 2311 / 2018
                         RAHUL Vs. STATE OF MP
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INDORE, Dated : 11/11/2021
         Mr. Manish Yadav, learned counsel for the appellant.
         Ms. Geetanjali Chourasiya, learned PL for the respondent -

State.

Heard on I.A.No. 6217/2021, an application filed under Section 389(1) of the Code of Criminal Procedure, 1973 on behalf of appellant Rahul for suspension of jail sentence and grant of bail. Appellant has been convicted and sentenced vide judgment dated 19/2/2018 by the learned 1 st Addl. Sessions Judge, Shajapur in S.T.No. 8/2017, as under :

 Conviction                          Sentence
  Section             Act.    Imprisonme Fine if       Imprisonme
                              nt         deposited     nt in lieu of
                                                       fine
377             IPC           10 years RI 25000/-      1 year RI
457             IPC           05 years RI 1000/-       3 months
                                                       RI

Learned counsel for the appellant submits that the impugned order is erroneous on law and facts. There are so many contradictions and omissions in the statement of the victim. As per the statement of PW 4, Victim was habitual person for unnatural sex and he has been implicated falsely in the crime as the sister of the victim saw the incident. He is a permanent resident of District Shajapur. The prosecution has completely failed to prove their case. Final conclusion of this appeal is likely to take a sufficiently long time. Till then the sentence passed against the appellant is not suspended, the very purpose of filing of this appeal would be frustrated. Under these circumstances, HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 2311 / 2018 RAHUL Vs. STATE OF MP

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learned counsel for the appellant prays for grant of bail and suspension of execution of jail sentence of the appellant.

Per contra, learned Government Advocate for the respondent - State strongly opposed the prayer for suspension of custodial sentence and submitted in written reply that on the basis of cogent and reliable evidence appellant has been properly convicted and sentenced by the court below hence no case is made out for suspension of his jail. In such circumstances the application be dismissed.

Heard learned counsel for the parties and perused the record.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case and also taking note of the fact that victim is a minor boy and he is a differently abled person, even he cannot stand, medical report is also positive regarding the aforesaid offence. On due consideration of totality of the facts and circumstances of the case and also keeping in view the nature of the offence, medical evidence available on record, without commenting upon the merits of the case, this Court is not inclined to allow the application. Accordingly, IA No. 6217/2021 fails and is hereby dismissed.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE KR

Digitally signed by KAMAL RATHORE Date: 2021.11.11 18:07:46 +05'30'