Manjeet Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14507 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 4757 of 2023
                                            (MANJEET SINGH Vs THE STATE OF MADHYA PRADESH)

                         Dated : 04-09-2023
                               Mr. Virendra Thakur - Advocate for appellant.

                               Ms. Aarti Kumawat - Panel Lawyer for the respondent/State.

Heard on I.A.No.12456/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Manjeet.

2. Appellant stands convicted vide judgment dated 22/12/2022 passed in S. T. No.330/2017 by Additional Sessions Judge, Nagda, District Ujjain (M.P.) under Section 376(1) of Indian Penal Code, 1860 and has been sentenced to undergo 07 years RI with fine of Rs.100/- with usual default stipulation.

3. Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter due to some previous enmity. FIR is belated. MLC is not supporting the case of prosecution. Prosecutrix is a major and married lady. Appellant has already suffered jail incarceration for more than 16 months. The statement of prosecutrix is not

supported by any independent witness. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

4. Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that the trial Court after due consideration of the evidence available on record, Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/4/2023 6:52:43 PM

convicted the appellant. Hence, he is not entitled to grant benefit of suspension of sentence.

5. Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that prosecutrix (PW-2) categorically stated in her statement that present appellant committed rape upon her on the pinpoint of knife. The statement of the prosecutrix is well supported by the FIR (Ex.-P/7), which was promptly lodged on the same day. The statement of the prosecutrix is also supported by the FSL report (Ex.-C/2) in which, spermatozoa and semen has been found on the vaginal slide of the prosecutrix.

6. In view of the evidence available on record against the appellant, this Court is not inclined to allow this application. Accordingly, I.A.No.12456/2023 stands dismissed.

(ANIL VERMA) JUDGE

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 9/4/2023 6:52:43 PM