Lokesh Bopche vs The State Of Madhya Pradesh
2023 Latest Caselaw 9934 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4705 of 2021 (LOKESH BOPCHE AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 01-07-2023 Mr. Pradeep Naveria - Advocate for the appellants.

Shi Arvind Singh - Government Advocate for the State.

Heard on I.A. No.14595/2021 an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant No.3- Pramod Bisen arising out of judgment dated 26.7.2021 delivered in Special

Case No.24/2018 by Special Judge, Waraseoni, District Balaghat (MP).

The appellant has been convicted under Section 365 of the I.P.C. and sentenced to undergo R.I. for 5 years with fine of Rs.1000/-, Section 354 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.1000/-, Section 376(d) r/w Section 120B of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/- and under Section 6 of POCSO Act and sentenced to undergo RI for life with fine of Rs.10,000/- with default stipulations.

Learned counsel for the appellant by taking this Court to the prosecution s to ry submits that it was alleged that appellant committed rape with the

prosecutrix who was a minor. Learned counsel further submits that from the evidence on record, identity of appellant is not established. The prosecutrix has deposed in her court's statement that appellant was got identified by Police in Police Thana. There is contradictory evidence with regard to appellant's role in the alleged incident. He has been falsely implicated in the case. Learned counsel for the appellant further submits that the trial Court has wrongly convicted and sentenced the appellant. It is submitted that appellant was on bail during trial he has not misused his bail. He is in custody since the date of judgment i.e. Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 7/3/2023 11:01:14 AM

26.7.2021. The final hearing of this appeal is not possible in near future, thus, the remaining jail sentence of the appellant may be suspended, therefore, it has been prayed that the jail sentence of the appellant No.3 be suspended and he be released on bail.

Learned Government Advocate for the State opposed the prayer and supported the findings given in the judgment.

From the evidence available on record, especially from the deposition of Sanjay Sonwane (PW-6), appellant's role in the alleged incident and his presence at the time of incident is clearly established. Therefore, looking to the gravity and seriousness of the offence, the role of the appellant in the alleged

offence and overall evidence on record including DNA, in the opinion of this Court, no case for suspension of sentence and grant of bail is made out.

Accordingly, I.A.No.14595/2021 is dismissed. Certified copy as per rules.

                             (SUJOY PAUL)                                  (ACHAL KUMAR PALIWAL)
                                JUDGE                                              JUDGE

                         irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 7/3/2023
11:01:14 AM