Abbu @ Avinash Jaiswal vs The State Of Madhya Pradesh
2022 Latest Caselaw 3850 MP

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     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                               CRA No. 616 of 2022
                 (ABBU @ AVINASH JAISWAL Vs THE STATE OF MADHYA PRADESH)

Dated : 21-03-2022
       Mr. Mahesh Archarya, learned counsel for the appellant.
       Mr. Anoop Sonker, learned Panel Lawyer for the respondent/State.

Document filed vide I.A. No.4524/2022 is taken on record. Accordingly, I.A. No.4524/2022 is allowed.

Also heard on I.A. No.917/2022, which is an application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment

dated 23.12.2021 passed by Special Judge under the Protection of Children from Sexual Offences Act in Special Case No.101/2017 for offences punishable under Sections 354 and 354 (B) of the Indian Penal Code and Sections 3 (2) (v) (a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in perspective of Section 354 of the IPC); Section 3 (2) (v) (a) of the 1989 Act in perspective of Section 354 (B) of the IPC; and Section 3 (1) (b) (i) of the 1989 Act as well as Section 7/8 of the Protection of Children from Sexual Offences Act and the appellant has been sentenced to undergo R.I. for one year; three years; one year; three years; six months; and three years respectively and default stipulation.

Learned counsel for the appellant submits that the appellant is innocent and the trial Court has not considered the evidence in proper perspective and has passed the erroneous judgment of conviction and sentence despite material contradictions and omissions. The prosecutrix is sister-in-law of the appellant and due to family dispute, a fabricated case has been prepared against the appellant. The mother and the sister of the prosecutrix have not supported the prosecution case. Hence, it is prayed that the sentence awarded on the appellant may be suspended and he may be released on bail.

On the other hand, learned Panel Lawyer has opposed the prayer for grant of bail to the appellant.

I have heard learned counsel for the parties and perused the record. Keeping in view the nature of offence, age of the prosecutrix, custody period of offence as well as relation of the appellant with the prosecutrix, this Court is of the considered opinion that this is not a fit case where benefit of suspension of sentence should be

granted.

Accordingly, I.A. No.917/2022 is dismissed.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.03.23 17:53:40 IST