Smt. Manju Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 7542 MP

             The High Court Of Madhya Pradesh
                          CRA No. 4006 of 2018
          (SMT. MANJU YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)




Indore, Dated : 17-11-2021
      Shri Amar Singh Rathore, learned counsel for the applicant.
      Ms. Seema Maheshwari PL for the respondent/State.

Heard on IA No.21439/22021 which is an application filed under section 389(1) of the Cr.P.C for grant of bail and suspension of execution of jail sentence of appellant no.2 Yogesh Yadav.

The appellant is in custody because of his conviction under section 5 of Immoral Trafficking Act and sentence to undergo seven years RI with fine of Rs.2000/- and in default of payment of fine, additional imprisonment of six months.

Learned counsel for the appellant no. 2 submits that appellant no. 2 is an innocent person and has been falsely implicated in this offence. The prosecution did not produce any legal and reliable evidence against the appellant. Judgment of the trial Court is contrary to the law and facts on record. Co-accused Manju Yadav has already been released on bail vide order dated 04/02/2021 and the case of the present appellant is similar to the co-accused. Final conclusion of present appeal is likely to take long time. Under these circumstances, he prays for grant of bail and suspension of execution of remaining jail sentence of appellant no. 2 Yogesh Yadav till disposal of present appeal.

Per-contra, learned PL opposes the application and prays for its rejection.

On perusal of the records, it is revealed that the applicant's earlier application filed under section 389(2) of Cr.P.C ( i.e. I.A. no. 2114/2018) was dismissed on merit vide order dated 30/04/2019 and after passing of the earlier order, no substantial changes in the circumstances has occurred, which enables to get benefit of bail and suspension ofjail sentence of appellant no. 2 Yogesh Yadav. Case of co-accused Manju is distinguishable to the case of the present appellant, therefore, at this stage, no case is made out for grant of bail and suspension of remaining jail sentence of appellant no. 2 Yogesh Yadav.

Accordingly, I.A. no. 21439/2021 is hereby dismissed. C C as per rules.

( ANIL VERMA) JUDGE Digitally signed by AMOL N MAHANAG Date: 2021.11.18 10:08:34 +05'30'