Nanhelal Pandro vs The State Of Madhya Pradesh
2022 Latest Caselaw 2858 MP

The High Court Of Madhya Pradesh CRA No. 6548 of 2021 (NANHELAL PANDRO Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 28-02-2022 Mr. Prakash Kumar Gupta, learned counsel for the appellant.

Ms. Geeta Yadav, learned Panel Lawyer for the State. Record of the Court below is available.

Heard on the question of admission.

The appeal is admitted for hearing.

Heard on I.A. No.19526/2021, which is first application for suspension of

sentence and grant of bail to the appellant - Nanhelal Pandro.

By the impugned judgment dated 12.10.2021 passed by Additional Judge to the Court of Ist ASJ, Mandla in S.T. No.116/2016 the applicant has been convicted for offences under Sections 366 and 376 of the IPC and sentenced to undergo R.I. for 3 years with fine of Rs.2,000/- and R.I. for 7 years with fine of Rs.5,000/- respectively with default stipulations.

Learned counsel for the appellant/applicant has submitted that appellant is innocent and due to old enmity he has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary

evidence available on record. Further, during trial the appellant was on bail. Delay FIR was registered after the delay of 45 days. Final disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of the appellant/applicant.

Learned Panel Lawyer strongly opposed the application. It is submitted that after commission of offence, the prosecutrix reported the matter to Panchayat and due to shame and fear of defamation in the society delay was caused in lodging the FIR.

I have heard learned counsel for the parties at length. After perusal of record, at this stage, I do not find it to be a fit case for grant of bail and suspension of sentence to the appellant.

Accordingly, I.A. No.19526/2021 is hereby dismissed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.04 17:15:48 IST