Sukh Das vs The State Of Madhya Pradesh
2022 Latest Caselaw 16077 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 5570 of 2019
                                               (SUKH DAS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-12-2022
                                Shri Kishor Roy - Advocate for the appellant.

                                Shri A. S. Pathak - Government Advocate for the Respondent / State.

Heard on I.A.No.12303 of 2022, which is third application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant - Sukh Das. His earlier two applications were dismissed as withdrawn

vide order dated 12.3.2020, I.A. No.5268/20 and order dated 31.8.2021, I.A.No.21047/21.

T h e appellant stands convicted by the trial Court vide impugned judgment for offence under Section 376 (2) (N) of the IPC and sentenced to undergo RI for ten years with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and the trial Court has not appreciated the evidence on record in proper perspective hence, arrived at erroneous findings. The appellant is in custody and final disposal of appeal would take considerable time, hence, it is prayed that

sentence of the appellant be suspended and he be released on bail.

Learned Panel Lawyer has opposed the prayer for suspension of sentence.

I have heard learned counsel for the parties and perused the record. This application has been filed mainly on the ground of custody period of the appellant. He has served half of the awarded jail sentence. But, looking to the nature and gravity of the offence, this Court is not inclined to suspend the sentence of the appellant.

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 12/6/2022 4:13:13 PM

Accordingly, I.A. No. 12303/2022 is hereby dismissed. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

JP

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 12/6/2022 4:13:13 PM