Balram vs The State Of Madhya Pradesh
2025 Latest Caselaw 4985 MP

Madhya Pradesh High Court

Balram vs The State Of Madhya Pradesh on 1 March, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                            1                                  CRA-2187-2023
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       CRA No. 2187 of 2023
                                         (BALRAM Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 01-03-2025
                               Shri Anopam Chouhan - Advocate for the appellant.
                               Shri H.S.Rathore - Government Advocate for the respondent/State.

Heard on I.A.No. 2305/2025 which is the second application under Section 430 of the BNSS filed on behalf of the applicant - Balram for suspension of sentence.

2. Appellant stands convicted vide judgment dated 01.12.2022 passed by the learned Special Judge (POCSO Act), Mandleshwar in SC ATR No. 54/2019 and sentenced as under :

                                          Section                    Conviction             Fine
                               366 of IPC                    05 years RI               Rs. 2000/-
                               343 of IPC                    01 year RI                Rs. 1000/-
                               376(3) of IPC                 Life imprisonment         Rs. 5000/-
                               3(2)(v) of SC/ST Act          Life imprisonment         Rs. 5000/-
                               3(2)(va) of SC/ST Act         1 year RI                 Rs. 500/-
                               3(1)(w)(i) SC/ST Act          1 year RI                 Rs. 500/-

3. As per the facts of the case, complainant who is mother of

prosecutrix lodged a missing person report about the prosecutrix who went missing on 16.05.2019. During investigation, prosecutrix was recovered on 20.05.2019 from the possession of the appellant. Thereafter, appellant was implicated on the basis of statement of the prosecutrix.

4. Learned counsel for the appellant submits that he has been falsely implicated in the case. Prosecutrix went with the appellant on her own. The case of the prosecution is not supported by the MLC or FSL report. He is in

2 CRA-2187-2023

jail since 21.05.2019. Hence, in these circumstances, prayer is made to suspend the jail sentence of the appellant.

5. Learned Government Advocate for the State has opposed the bail application.

6. Considering the facts and circumstances of the case particularly the allegations levelled against the appellant as well as the period of custody, we are of the considered opinion that it is not a fit case for grant of bail.

Accordingly I.A.No. 2305/2025 stands rejected.

                                  (VIVEK RUSIA)                                  (GAJENDRA SINGH)
                                      JUDGE                                           JUDGE
                         vidya