Vikram vs The State Of Madhya Pradesh
2023 Latest Caselaw 1498 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 2817 of 2021 (VIKRAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 25-01-2023 Ms. Sangeeta Parsai, learned counsel for appellant Vikram S/o Narji

Damor.

Mr. Nitin Singh Bhati, learned Government Advocate appearing on behalf of the Advocate General.

Heard on IA No.769/2023, a repeat (THIRD) application under

Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant. His earlier SECOND application (IA No.8311/2022 ) has already been dismissed by this Court vide order dated 12.12.2022 on merits.

The present appellant has been convicted and sentenced by learned Special Judge (POCSO Act, 2012) Ratlam, District Ratlam (MP) in Special Sessions Trial No.SC/130/2017 vide judgment dated 13th March, 2021, as under: -

                                              C onviction                               Se nte nce
                               Section            Act          RI         Fine amount   Imprisonment in lieu of fine
                                 376              IPC        7 years       Rs.5,000/-     6 months additional RI
                            5 (J-ii) r /w 6   POCSO Act      10 years      Rs.5,000/-     6 months additional RI

Looking to the facts that the allegation against the appellant is of rape and the prosecutrix has also given birth to a child as well as the DNA Report Ex.P/17 is also positive; in such circumstances, no case for grant of bail is made out.

Accordingly, IA No.769/2023 is hereby dismissed. Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 25-01-2023 17:58:37

(SUBODH ABHYANKAR) JUDGE rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 25-01-2023 17:58:37