Baliraj @ Balli Saket vs The State Of Madhya Pradesh
2023 Latest Caselaw 14230 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 9427 of 2018
                                          (BALIRAJ @ BALLI SAKET Vs THE STATE OF MADHYA PRADESH)

                           Dated : 29-08-2023
                                 Shri Vaibhav Kumar Pandey - Advocate for appellant.

                                 Shri Yogesh Dhande - Public Prosecutor for the State.

                                 Heard on I.A. No.17000 of 2022.
                                 This is the second application filed by the appellant seeking for
                           suspension of sentence and grant of bail.

                                 The accused has been convicted under Section 376AB of the I.P.C. and
                           sentenced to R.I. for Life and fine of Rs.10,000/-, in default R.I. for 6 months.
                                 The plea of the appellant is that the trial court has not appreciated the
                           evidence properly and has wrongly convicted him. So far as grant of bail is
                           concerned, it is submitted that since the accused is aged about 35 years, he is
                           entitled to be released on bail. The same is disputed by the learned Public
                           Prosecutor.
                                 On hearing learned counsels, we do not find any ground to enlarge the
                           accused on bail. The victim was aged about 11 years and 10 months on the date

                           of incident. She has narrated the manner in which the incident took place. The
                           horrific manner in which the acts have been committed by the accused, are part
                           of the judgment of the trial court. In view of the gruesome manner in which the
                           offence has been committed and the victim is aged only 11 years and 10
                           months, we find no good ground to enlarge him on bail. Hence, the application
                           (I.A. No.17000 of 2022) is dismissed.


                                (RAVI MALIMATH)                                          (VISHAL MISHRA)
Signature Not Verified
Signed by: PREM SHANKAR
MISHRA
Signing time: 01-09-2023
10:32:42
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                                 CHIEF JUSTICE       JUDGE

psm

Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 01-09-2023 10:32:42