Mohanlal vs The State Of Madhya Pradesh
2024 Latest Caselaw 13651 MP

Madhya Pradesh High Court

Mohanlal vs The State Of Madhya Pradesh on 10 May, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 11884 of 2022
                                            (MOHANLAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                            Dated : 10-05-2024
                                  Ms. Sharmila Sharma, learned counsel for the appellant.

                                  Shri Gaurav Singh Chouhan, learned Dy.Govt.Advocate for the
                            respondent/State.

Shri Mohd.Anas Sheikh, learned counsel for the respondent No.2/victim.

Heard on I.A.No.6711, which is fourth application filed under Section 389 of Cr.P.C.for grant of suspension of sentence and grant of bail on behalf of appellant-Mohanlal.

Learned Trial Court has convicted the appellant under Sections 368of IPC and sentenced him to undergo three years' RI with fine of Rs.2,000/-, under Section 376(3) of IPC and sentenced him to undergotwenty years' RI with fine of Rs.2,000/- and under Section 5(j)(ii)/6 of the Protection of Children from Sexual Offences Act and sentenced him toundergo twenty years' RI with fine of Rs.2,000/-, with default stipulation,vide judgment of conviction and

order of sentence dated 8.12.2022 passed by the Special Judge/4th Addl.Sessions Judge (Protection of Children from Sexual Offences Act), Shajapur in Special S.T. No.42/2020.

On perusal of the record it reveals that the first application (I.A.No.16169/2022) was dismissed by this Court on merits vide order dated 13.2.2023, the second application (I.A.No.4327/2023) was dismissed as withdrawn with liberty to file fresh application after sufficient period of incarceration vide order dated 20.4.2023 and third application

(I.A.No.17039/2023) was dismissed on merits vide order dated 8.11.2023.

Looking to the facts and circumstances of the case and considering the fact that after dismissal of earlier applications there are no change in circumstances, therefore, we are not inclined to grant suspension of jail sentence to the appellant.

I.A.No.6711/2024 is accordingly rejected.

List the matter for final hearing in due course.

                                (S. A. DHARMADHIKARI)                         (PRAKASH CHANDRA GUPTA)
                                         JUDGE                                         JUDGE

                            patil