Deepak Kaithwas vs The State Of Madhya Pradesh
2023 Latest Caselaw 2893 MP

                                                                           1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 7702 of 2021
                                                       (DEEPAK KAITHWAS Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 16-02-2023
                                            Shri P.C.Paliwal - Advocate for the applicant.

                                            Ms. Vibha Pathak - Panel Lawyer for the respondents.

Considered I.A.No.1177/2023, which is second application u/s 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant/applicant-Deepak Kaithwas. The first application was dismissed on

merit vide order dated 29.06.2022.

B y the impugned judgment dated 29.11.2021 passed by Special Judge (POCSO) Act, Chhindwara in SC/66/2017 whereby the appellant has been convicted for offences under sections 366, 342 & 323 of the Indian Penal Code and section 4 of POCSO Act and sentenced to undergo sentence of RI for 5 years, 06 months, 06 months & 10 years with fine of Rs.2,000/-, Rs.500/-, Rs.500/- & Rs.5,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not

properly appreciated the oral and documentary evidence available on record. There is no eye witness to the incident. The FIR has been lodged belatedly after returning of 'Bade Papa' from Nagpur. The appellant has remain in custody for considerable time. The family members of the appellant are suffering on account of custody of the appellant. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the remaining jail Signature Not Verified SAN

sentence of the appellant and grant him bail. Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.02.17 10:02:12 IST Learned Panel Lawyer has opposed the prayer and stated that prosecutrix

was minor and medical documents support the prosecution case and hence, the appellant is not entitled for suspension of sentence.

Considered the over all facts and circumstances of the case; the previous application was dismissed on merit; there are no changed circumstances after dismissal of earlier application; this Court does not find it fit to suspend the sentence of the appellant and grant him bail.

In the result, prayer for suspension of sentence stands rejected. I.A.No.1177/2023 is dismissed.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.02.17 10:02:12 IST