Sua @ Mahesh Lohar vs The State Of Madhya Pradesh
2022 Latest Caselaw 5445 MP

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                     IN THE HIGH COURT OF MADHYA PRADESH
                                  AT JABALPUR
                                   CRA No. 1454 of 2014
                       (SUA @ MAHESH LOHAR Vs THE STATE OF MADHYA PRADESH)

Dated : 13-04-2022
      Mr. Umakant Sharma, learned Senior Counsel along with Mr. P. N. Tiwari, Advocate

for the appellant.
      Mr. Alok Agnihotri, learned Government Advocate for the respondent/State.

Heard on I.A. No.21220/2019, which is third application for suspension of sentence and grant of bail to the appellant who stands convicted by the trial Court vide judgment dated 04.04.2014 passed in ST No.45/2013 for offences punishable under Sections 376, 341

and 506 Part II of the Indian Penal Code and sentenced to undergo RI for life (with fine of Rs.10,000/-), RI for 1 month and RI for 5 years, respectively with default stipulation. His earlier applications I.A. No.10220/2014 and I.A. No.19606/2018 have been dismissed vide orders dated 07.07.2014 and 05.03.2019.

Learned counsel for the appellant mainly contended that the appellant is in custody since 05.04.2013 and the disposal of the appeal would take a considerable time, hence, the sentence of the appellant may be suspended. It is further contended that in fact it is a matter of consent but the trial Court has not appreciated the material available on record and erroneously convicted the appellant. There is delay in filing the FIR. Hence, it is prayed for

suspension of sentence of the appellant and he may be released on bail.

On the other hand, learned Government Advocate has opposed the prayer made on behalf of the appellant.

Heard learned counsel for the parties and perused the record. Keeping in view the evidence on record especially evidence of the daughter of the prosecutrix (PW-4), this Court on 07.07.2014 rejected the prayer of the appellant for suspension of sentence. Thereafter also on 05.03.2019, this Court found there is no change in circumstances and rejected the prayer for suspension of sentence.

Though various grounds have been raised by the learned counsel for appellants. However, there is still no change in circumstances. In our considered opinion looking to the nature of offence and material available on record, only on the basis of custody period, the sentence imposed upon the appellant cannot be suspended.

Accordingly, I.A. No.21220/2019 is dismissed.

                              (SMT. ANJULI PALO)       (PRAKASH CHANDRA GUPTA)
                                    JUDGE                       JUDGE
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Date: 2022.04.13 18:56:24 IST