Panchamlal vs The State Of Madhya Pradesh
2023 Latest Caselaw 15614 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2251 of 2014
                                              (PANCHAMLAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-09-2023
                                Shri Lokmani Kori - Advocate for appellant.

                                Shri Pramod Thakre - Public Prosecutor for respondent State.

Heard on I.A. No.20406 of 2022.

This is the second application for suspension of sentence and grant of bail on behalf of the accused/appellant - Pancham Lal Nareti who has been

convicted under Sections 376 (2-Cha), 363 and 366 of Indian Penal Code and sentenced to undergo R.I. for Life, R.I. for 7 years and R.I. for 7 years and to pay fine of Rs.10,000/-, Rs.1,000/- and Rs.2,000/- respectively, with default stipulations v id e impugned judgment of conviction and sentence dated 22.01.2013 passed by the learned First Additional Sessions Judge, District Mandla in Sessions Trial No.158 of 2012.

The case of the prosecution is that on 20.08.2012, when the victim who was aged about 12 years went with her Uncle (Mama) towards the jungle for grazing the cattle, he committed rape with her.

Learned counsel for the appellant submits that there is no material to implicate the accused. The trial court has misread the evidence. There is no likelihood of early hearing of the appeal in near future. The appellant is ready to furnish adequate security and to abide by all the terms and conditions as may be imposed by this Court. On these grounds, he prays for grant of bail.

The counsel for the State has vehemently opposed the contentions stating that the victim was minor who was aged about 12 years at the time of commission of offence. The victim has supported the prosecution story in her Signature Not Verified Signed by: LORETTA RAJ Signing time: 9/26/2023 4:01:26 PM

statement recorded before the trial court. She has narrated the manner in which the entire offence has been committed. The medical report corroborates the case of the prosecution. Hence, he prays for dismissal of the application.

Considering the facts and circumstances of the case and the manner in which the offence has been committed, this court does not deem it fit to enlarge the appellant on bail.

Accordingly, I.A. No.20406 of 2022 is rejected.

                                    (RAVI MALIMATH)                                    (VISHAL MISHRA)
                                      CHIEF JUSTICE                                         JUDGE

                          Loretta




Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 9/26/2023
4:01:26 PM