Dharmendra Bansal vs The State Of Madhya Pradesh
2024 Latest Caselaw 3819 MP

Madhya Pradesh High Court

Dharmendra Bansal vs The State Of Madhya Pradesh on 8 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 8663 of 2023
                                           (DHARMENDRA BANSAL Vs THE STATE OF MADHYA PRADESH)

                         Dated : 08-02-2024
                                  Shri B. K. Shukla - Advocate for the appellant.

                                  Shri Aayush Dev Bajpai - Government Advocate for the respondent-

State.

Shri Udaynand Pandey - Advocate for objector.

Heard on I.A. No. 16124 of 2023, an application under Section 389(1)

o f the Cr.P.C for suspension of sentence and grant of bail to the appellant arising out of judgment dated 19/06/2023 delivered in Special Session Trial No. 05/2019 passed by the Third Additional Sessions Judge, Nagod District Satna.

The appellant has been convicted for the offence punishable under Section 366 of IPC and sentenced to undergo RI for 3 years with fine of Rs.200/- and Section 376(3) of IPC and sentenced to undergo RI for 20 years with fine of Rs. 1000/-, with default stipulation.

Learned counsel for the appellant submits that victim did not support the case of prosecution and turned hostile. The DNA report was not produced

before the Court below. Thus, remaining jail sentence of appellant may be suspended.

The prayer is opposed by learned Government Advocate as well as learned counsel for the objector.

The DNA report was exhibited before the Court below as Ex.C/1 and the Court has given its finding based on said DNA report in Para-27 of the impugned judgment.

Considering the aforesaid, we find no reason to suspend the remaining

jail sentence of the appellant.

I.A.No.16124 of 2023 is hereby rejected.

                            (SUJOY PAUL)                                    (VIVEK JAIN)
                               JUDGE                                           JUDGE

                         manju