Devendra Gupta vs The State Of Madhya Pradesh
2022 Latest Caselaw 13490 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8736 of 2018 (DEVENDRA GUPTA Vs THE STATE OF MADHYA PRADESH)

Dated : 13-10-2022 Mr. S.C.Patel, learned counsel for the appellant.

Mr. K.S. Patel, learned Panel Lawyer for the State. Heard on I.A.No. 10969/2022, which is third application for suspension of sentence filed on behalf of appellant.

Appellant stands convicted by the impugned judgment passed by the trial Court for committing offences punishable under Sections 363 and 366 of the Indian Penal Code

and sentenced to undergo RI for 3 years, 5 years and Section 376(2-I)(N) of IPC & Section 5(L)/6 of the Protection of Children from Sexual Offences Act and sentenced to undergo RI for 10 years with and default stipulation.

The second application, I.A. No.15196 of 2021 was dismissed on merits vide order dated 07.01.2022.

Learned counsel for the appellant submits that the appellant has already served jail sentence more than five years. The judgment passed by the trial Court is not based on proper appreciation of evidence on record. Hence prayer is made to release the appellant on bail.

Learned Panel Lawyer for the State has opposed the bail application. Earlier application preferred by the appellant was dismissed vide order dated 07.01.2022 taking into account the fact that at the time of the incident, prosecutrix was aged 13 years whereas appellant was aged 35-36 years and the appellant abducted the minor prosecutrix and committed forcible rape with her. There is no change in Signature Not Verified SAN circumstances. Looking to the gravity of offence, only on the basis of custody period

SHARAN SHUKLA this Court is not inclined to suspend the custodial sentence and release the appellant on Digitally signed by KOUSHALENDRA

Date: 2022.10.17 18:25:45 IST

bail.

Accordingly, I.A.No. 10969 of 2022 stands dismissed.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.10.17 18:25:45 IST