Nissar Kha vs The State Of Madhya Pradesh
2023 Latest Caselaw 169 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 4344 of 2022
                                                (NISSAR KHA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-01-2023
                                 Shri Santosh Kumar Meena - Advocate for the appellant.

                                 Shri Hemant Sharma - Government Advocate for respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Also heard on IA No. 11181/2022 which is an application for suspension

of jail sentence and grant of bail to appellant.

Appellant has been convicted under section 450, 376(1), 354(D) and 506 Part II of IPC and sentenced to 5 years RI; 10 years RI; 1 year RI, 1 year RI; with fine of Rs, 1000/-, 2000/-, 500/- and 500/- respectively, with usual default stipulation by the 2nd Additional Sessions Judge Shujalpur District Shajapur vide judgment dated 11.8.2021.

Learned counsel for appellant contended that prosecutrix is a 30 years old major and matured lady, FIR is one day belated, there is material contradiction and omission in the statements of prosecution witnesses.

Prosecutrix categorically admitted in her cross-examination that FIR has been lodged by her husband and at that time she was outside the police station. MLC report is not supported to the statement of prosecutrix. There is strong case in favour of appellant, the appellant is permanent resident of District Shajapur, final conclusion of this appeal will take sufficient long time, hence he prays that remaining jail sentence of appellant be suspended and he be enlarged on bail.

Per contra, learned counsel for state opposes the IA and prays for its rejection by submitting that appellant remained in custody during trial, Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 04-01-2023 11:08:08

statement of prosecutrix was well supported by other witnesses, hence appellant does not deserve for bail.

Heard learned counsel for the parties and perused the record. Considering the facts and circumstances of the case and nature and gravity of allegation it is revealed that during trial present appellant remained in jail since 18.5.2021, statement of prosecutrix is well supported by other witnesses, FIR is also prompt as per MLC (Ex.P-2) of prosecutrix a minor abrasion has been found in her left hand. In view of the above, this court is of the considered view that no case for suspension of remaining jail sentence of appellant and grant of bail is made out.

Hence IA No. 11181/2022 is hereby dismissed. C.c. as per Rules.

(ANIL VERMA) JUDGE

BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 04-01-2023 11:08:08