Krishanpal Dholi vs The State Of Madhya Pradesh
2021 Latest Caselaw 4877 MP

                                                                       1                                 CRA-1764-2015
                                             The High Court Of Madhya Pradesh
                                                        CRA-1764-2015
                                                     (KRISHANPAL DHOLI Vs THE STATE OF MADHYA PRADESH)

                                    38
                                    Jabalpur, Dated : 01-09-2021
                                            Heard through Video Conferencing.
                                            Shri Sanjay Gupta, Advocate for the appellant.
                                            Shri Pradeep Sahu, P.L. for the respondent-State.

Record of the Court below is available.

Heard on the question of admission and perused the record.

Appeal is admitted for final hearing.

Heard on I.A. No.13344/2021, which is fifth application for suspension of sentence and grant of bail to the appellant. The condition of earlier applications are as follows:

1. On dated 04.01.2017- dismissed on merit.

2. On dated 20.08.2018- dismissed as withdrawn.

3. On dated 06.08.2019- dismissed for want of prosecution.

4. On dated 31.10.2019- dismissed as withdrawn.

The appeal has been preferred under Section 374(2) of the

Cr.P.C.,1973 b y the appellant/accused against judgment dated 30.06.2015 passed by learned 1st ASJ, Sehore, District-Sehore (MP), in S.T. No. 17/2015, by which the appellant has been convicted for offence under Section 363 of IPC and sentenced to undergo R.I. for 5 years with a fine of Rs. 1,000/-, Section 366-A of IPC and sentenced to undergo R.I. for 7 years with a fine of Rs. 1,000/- and Section 6(M)/6 of POCSO Act and sentenced to undergo R.I. for 10 years with a fine of Rs. 2,000/- with default stipulation in each.

The prosecution case in short is that on dated 25.01.2015, complainant Shoukat lodged an FIR report in the concerned police station alleging therein that he went for labourship to Asta. When, he came back on 25.01.2015 at Signature Not Verified SAN about 7.30 P.M., then he was informed by his wife that her minor daughter

Digitally signed by PALLAVI SINHA Date: 2021.09.02 18:08:37 IST 2 CRA-1764-2015 (prosecutrix) went to the house of one Rasida Bi and she did not return back. She was searched but not found. During investigation, she was recovered on dated 26.01.2015 from the possession of the appellant-accused. Her statement was recorded in which she stated that appellant has committed intercourse with her.

Learned counsel for the appellant submits that the appellant-accused is

in jail since 26.01.2015. He has been falsely implicated in this case. The appellant has already undergone half of the total jail sentence awarded out of 10 years. There are many contradictions, omissions and improvements in the version of the prosecution witnesses. This appeal is of year 2015. It is the time of COVID-19 due to which final conclusion will take time. There are fair chances to succeed in the case. Final hearing of this appeal will take time. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended further and he may be released on bail. In support of his contention, he has filed orders of respectively Hon'ble the Apex Court and the High Court, which are as follows:-

1. Kamal Vs. State of Haryana, (2004)13 SCC 526

2. Rakesh Yadav and ors. vs. State of M.P.

Learned Panel lawyer for the respondent/State has opposed the application by submitting that the primafacie case is made out against the appellant-accused, so he is not entitled for grant of bail.

Heard and perused the record.

Earlier on dated 04.01.2017, the detailed order has been passed and the application was rejected on merit. After that, till now, there is no change in circumstances of the case, except the detention period of the appellant, apart from this I do not found any merit from the orders produced by the learned counsel for the appellant , hence, in view of the verdict passed by the Full Bench of this High Court in the case of Dashrath Vs. State of M.P. passed in Cr.A. No. 1248/2005 solely on the basis of detention period, jail sentence Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.09.02 18:08:37 IST 3 CRA-1764-2015 of the appellant cannot be suspended.

Considering the aforesaid circumstances, I am not inclined to allow this application.

Accordingly, I.A. No. 13344/2021 is hereby dismissed. List this matter for final hearing in due course.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

Pallavi

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.09.02 18:08:37 IST