Dharmendra Bamaniya vs The State Of Madhya Pradesh
2023 Latest Caselaw 13768 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 4543 of 2023
                                          (DHARMENDRA BAMANIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-08-2023
                                  Ms. Anamika Singh - Advocate for appellant.

                                  Mr. Gaurav Singh Chouhan - Public Prosecutor for respondent.

I.A. No. 4553 of 2023 is an application seeking suspension of sentence and grant of bail filed on behalf of the accused/appellant.

The appellant has been convicted under Sections 366, 506 (2) of the

Indian Penal Code and Section 3/4 of the POCSO Act and sentenced to R.I. for 5 years, 1 year and 20 years and fine of Rs.1000/-,1000/- and Rs.5000/- respectively with default stipulations as mentioned in the impugned judgment.

The contention of the counsel for the appellant is that no offence has been committed by the appellant. That there are variations in the evidence of the victim. However, on considering the same, we find that it is not a fit case where the appellant can be granted bail. The victim was aged 15 years when the incident took place. She has narrated the story before the police in the manner in which the accused committed the offence. The FSL report is also against the

accused.

Under these circumstances, we find no good ground to enlarge the appellant on bail. I.A. No. 4553 of 2023 is accordingly rejected.

                                 (RAVI MALIMATH)                                          (ANIL VERMA)
                                   CHIEF JUSTICE                                             JUDGE

                           MSP




Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 23-08-2023
14:24:49