Sohel @ Monu Ansari vs The State Of Madhya Pradesh
2023 Latest Caselaw 13482 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 3062 of 2020
                                     (SOHEL @ MONU ANSARI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 18-08-2023

                                  Ms. Khushbu Verma, learned counsel for the applicant.

                                  Shri Bhuwan Gautam, learned Govt.Advocate for the respondent/State.

Shri Sanjay Sharma, learned counsel for the objector.

Heard on I.A.No.12364/2023, which is fifth application filed under

Section 389 of Cr.P.C.for grant of suspension of sentence and grant of bail on behalf of appellant No.2/Kashmira.

On perusal of the record it reveals that first application filed on behalf of the appellant I.A.No.2779/2020 was rejected on merits vide order dated 29.6.2020. The second application I.A.No.23558/2021 was dismissed as withdrawn with liberty to renew the prayer at appropriate stage vide order dated 27.10.2021, the third application I.A.No.14341/2022 was dismissed as withdrawn vide order dated 8.2.2023 and the fourth application I.A.No.6181/2023 is dismissed on merit vide order dated 7.7.2023.

T he appellant has been convicted by the trial Court for the offence punishable under Section 201 IPC and sentenced to undergo seven years RI with fine of Rs.1,000/-, under Section 120(B) of IPC and sentenced to undergo seven years RI with fine of Rs.1,000/- and under Section 176 of IPC and sentenced to undergo seven years RI with fine of Rs.500/- with default stipulation, vide judgment dated 27.2.2020 passed by the Special Judge, (POCSO Act), Ratlam in Spl.Case No.46/2019.

As per prosecution story, the brother of applicant, Sohel @ Monu has Signature Not Verified Signed by: SHAILESH PATIL Signing time: 8/21/2023 11:03:40 AM

been convicted for murder of 5 years old child after performing unnatural sexual intercourse with him and the present appellant has been convicted for disappearance of evidence by removing the body of dead child and disposing it of in order to prevent detection of the crime and failing to inform the incident of murder to the concerned Police authorities.

Learned counsel for the appellant submits that the appellant has served more than 50% of the custodial sentence i.e. more than three years and six months. Final hearing of this appeal is not possible in near future. Therefore, on the basis of custodial sentence, it is prayed that remaining jail sentence of the appellant be suspended and he be released on bail.

We have heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case, the offence is serious in nature, the earlier application for suspension of sentence and grant of bail to the appellant had been rejected on merits, there are no change circumstances, therefore, we are not inclined to suspend the sentence and grant bail to the appellant. Accordingly, I.A.No.12364/2023 stands dismissed.

List for final hearing in due course.

                                (S. A. DHARMADHIKARI)                       (PRAKASH CHANDRA GUPTA)
                                         JUDGE                                       JUDGE

                            patil




Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 8/21/2023
11:03:40 AM