Madhya Pradesh High Court
Raj @ Ashutosh vs The State Of Madhya Pradesh on 20 August, 2020
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
1 CRA-1402-2017
The High Court Of Madhya Pradesh
CRA-1402-2017
(RAJ @ ASHUTOSH Vs THE STATE OF MADHYA PRADESH)
45
Jabalpur, Dated : 20-08-2020
Heard through Video Conferencing.
Shri Siddharth Datt, learned counsel for the appellant.
Shri Manoj Singh, learned Panel Lawyer for the respondent/State.
Heard on I.A. No. 8408/2020 , which is an application for change in counsel.
The aforesaid application has been supported by an affidavit of Sundarlal Paradhi but today no one has appeared to prosecute this application. If parties want to engage a new he is at liberty to do so. Accordingly, I.A. is allowed. Newly engaged counsel may file his Vakalatnama on behalf of the appellant.
Also Heard on this third application i.e. I.A. No.12880/2019 under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellant-Raj @ Ashutosh.
Previously two applications were dismissed on merits. The second application was dismissed by this Court vide order dated 16/04/2019 and within three months the appellant has again filed this third bail application stating the same grounds as stated in the previously filed application.
T h e appellant stands convicted for the offence punishable under Section 376(2)(G) of IPC and sentenced to undergo RI for 10 years along fine of Rs.15000/- with default stipulation and for the offence punishable under Section 67 of I.T. Act and sentenced to undergo RI for 3 years along with fine of Rs.100000/- with the default stipulations. Being aggrieved by that conviction and sentence, the appellant has filed this appeal.
Learned counsel for the appellant submits that this third application has been filed on the ground that appellant has already completed the half Signature Not substantial period of custodial awarded sentence, therefore, the further jail SAN Verified Digitally signed by KUNDAN SHARMA Date: 2020.08.21 15:00:15 IST 2 CRA-1402-2017 sentence of the appellant may be suspended and he may be released on bail.
Learned Panel Lawyer for the respondent/State submits that the appellant has already undergone half period of awarded custodial sentence but looking the gravity of offence his further custodial of awarded sentence may not be suspended.
Heard learned counsel for the parties and perused the statements of the witnesses. The allegation against the appellant is that so many persons committed gang rape with the prosecutrix and prepared a video film at the time of alleged incident and thereafter circulated the video in the society, therefore, considering the act of the appellant and also looking to the gravity of the offence, this Court is not inclined to suspend the further custodial awarded sentence of the appellant even though he has already completed the half period of the custodial of awarded sentence. Hence, I.A. No.12880/2019 is hereby Dismissed.
List the matter for final hearing in due course.
Certified copy as per rules.
(VISHNU PRATAP SINGH CHAUHAN)
JUDGE
kundan
Signature
SAN Not
Verified
Digitally signed by
KUNDAN SHARMA
Date: 2020.08.21
15:00:15 IST