Sheikh Irshad Mansoori vs The State Of Madhya Pradesh
2022 Latest Caselaw 16079 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 4065 of 2022
                                        (SHEIKH IRSHAD MANSOORI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-12-2022
                                Shri G.P. Tripathi - Advocate for the appellant.

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

Heard on I.A.No.7610/2022, which is first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant - Sheikh.

T h e appellant stands convicted by the trial Court vide impugned judgment for offence under Sections 366 and 376 (2) (N) of the IPC and sentenced to undergo RI for five years with fine of Rs.500/- and RI for ten years with fine of Rs.1000/- respectively 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. During trial, the appellant was on bail and he is not misused the liberty granted to him. The prosecution has failed to prove its case beyond reasonable doubt. There are material contradictions and

omissions in the statements of the prosecution witnesses. 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. 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. 7610/2022 is hereby dismissed. Also heard on IA No.8253/2022 and IA No.12806/2022, which are the application for compromise.

These two applications are also dismissed because at the time of incident, the prosecutrix was minor.

Record of the trial Court is received. Heard on admission.

Admit.

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