Citation : 2025 Latest Caselaw 4472 MP
Judgement Date : 17 February, 2025
1 CRA-4627-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4627 of 2019
(MOHSIN @ VASIM KHAN Vs THE STATE OF MADHYA PRADESH )
Dated : 17-02-2025
Ms. Sharmila Sharma - Advocate for the appellant.
Shri Sonal Gupta - Addl. Advocate General for the respondent/State.
I.A.No. 8728/2024 application for urgent hearing stands disposed of. Heard on I.A.No. 8727/2024 which is third application under Section 430 of the BNSS for suspension of sentence and grant of bail filed on behalf of the
appellant who stands convicted under Sections 450, 506 and 376(2)(l) of the Indian Penal Code and Sections 3(2)(v) and 3(1)(12) of the POCSO Act and sentenced to undergo RI for 5 years, 1 year, 10 years, life imprisonment and 1 year, respectively vide judgment dated 02.05.2019 passed by the learned Special Judge (POSCO Act), Mandleshwar in Sessions Trial No.200090/2014.
Vide order dated 29.04.2022, this Court has dismissed the application for suspension on merits by observing that the repeat application shall be considered after completion of 10 years. Further, in the present case the prosecutrix was not only physically handicapped but became pregnant before the age of 18 years.
Considering the aforesaid, no case for suspension of sentence and grant of
bail is made out. Accordingly, I.A.No. 8727/2024 stands dismissed.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
vidya
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