Kissu @ Keshav vs The State Of Madhya Pradesh
2023 Latest Caselaw 3792 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8779 of 2022 (KISSU @ KESHAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 03-03-2023 Shri Wakeel Khan - Advocate for appellant.

Shri C.K.Mishra - Government Advocate for State.

Heard on admission.

Admit.

Heard on I.A.No.18412 of 2022, which is first application for

suspension of sentence and grant of bail on behalf of appellant.

T h e appellant has been convicted by the trial Court vide impugned judgment for offences punishable under Sections 363, 354 and 323 of the IPC and sentenced to undergo R.I. for 3 years with fine Rs.1000/-, R.I for 3 years with fine of Rs.1000/- and R.I for 1 year with fine of Rs.1000/- respectively, under Section 7/8 of POCSO Act and sentenced to undergo RI for 3 years with fine of Rs.1000/- and under Sections 3(1)(w)(i) and 3(2)(va) of SC/ST Prevention of Atrocity Act and sentenced to undergo R.I for 3 year with fine of Rs.1000/- and R.I for 3 years with fine of Rs.1000/- respectively with default

stipulations.

Learned counsel for the appellant submitted that he is innocent and has falsely been implicated in this case. The trial Court has not properly appreciated the oral and documentary evidence available on record. As reflected from the order-sheet of the trial Court, he is in custody since 03.02.2023 and earlier he was in jail for about 3 to 4 months. Final disposal of this appeal would take Signature Not Verified SAN

considerable time to conclude, therefore, the custodial sentence of the appellant Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.04 14:16:40 IST may be suspended and he may be released on bail.

Learned Government Advocate has opposed the prayer for suspension of sentence.

I have heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case; statement of the prosecutrix; considering that Dr. S.R.Yadav found several injuries on the body of the prosecutrix and act of the appellant, this Court is not inclined to suspend the sentence of the appellant.

Accordingly, the aforesaid I.A. is hereby dismissed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.04 14:16:40 IST