Balveer Singh Bundela vs The State Of Madhya Pradesh
2023 Latest Caselaw 17647 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 370 of 2020
                                         (BALVEER SINGH BUNDELA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-10-2023
                                 Shri Manish Mishra - Advocate for appellant.

                                 Shri A.N. Gupta - Public Prosecutor for respondent/State.

Heard on I.A. No.11891 of 2021:

2. This is the first application seeking for suspension of sentence and grant of bail filed on behalf of appellant - Balveer Singh Bundela, who has been

convicted under Section 376(3) of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-, further convicted under Section 376(2)(f) of the IPC read with Section 5(n)/6 of the Protection of Children from Sexual Offences Act and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- and further convicted under 376(2)(n) of the IPC read with Section 5(l)/6 of the Protection of Children from Sexual Offences Act and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-, with default stipulations as mentioned in the impugned judgment.

3. The case of the prosecution is that the accused committed the offences

against his own daughter. Her statement has been recorded. The DNA report is against him. The entire material produced by the prosecution clearly establishes the commission of the offences by the accused. The victim is none other than the daughter of the accused who has committed such a heinous offence. Hence, we do not find any ground to enlarge him on bail.

4. Even so far as the period of custody is concerned, the same would fall under the exceptions as carved out by the Hon'ble Supreme Court vide order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 10/20/2023 5:33:30 PM

The State of U.P. and others). Therefore, even taking into account the period of custody, no ground for bail is made out.

Hence, I.A. No.11891 of 2021 is rejected.

                                 (RAVI MALIMATH)                                     (VISHAL MISHRA)
                                   CHIEF JUSTICE                                          JUDGE

                           taj




Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 10/20/2023
5:33:30 PM