Sanjay Mandsaure vs The State Of Madhya Pradesh on 27 November, 2020

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Madhya Pradesh High Court

Sanjay Mandsaure vs The State Of Madhya Pradesh on 27 November, 2020

Bench: Virender Singh

             1            MCRC No.30952/2020

          HIGH COURT OF MADHYA PRADESH
                     MCRC No.30952/2020
            Sanjay Mandsaure Vs. State of M.P
Indore: Dated:-27/11/2020
      Heard through video conferencing.
      Shri Anita Jain, learned counsel for the petitioner.
      Shri Kushagra Jain, learned panel lawyer for the
      respondent/State.

Crime Under Section Police Station Date of Arrest No. 320/2017 376(2)(N)506,363,366 Lasudiya 11/12/17 IPC & 5/6 ( B ),5 (L) 6 District Indore POSCO Act

1. As declared by the petitioner this is the third bail application under Section 439 of Cr.P.C.

2. Earlier first and second applications were dismissed vide orders dated 2.8.2018 & 22.4.2019 passed in MCRC Nos.16221/2018 and 14766/2019 respectively.

3. The allegation against the petitioner is that he raped the minor prosecutrix. He is in jail since 11.12.2017.

4. This time the bail is solely pleaded on the ground of delay in trial. It is submitted that for the last three years, the prosecution has examined three witnesses. The trial is still at a halt as the Courts are not functional due to Covid-19 induced lock down. Therefore, it is prayed, that the petitioner be granted bail.

5. Undisputedly, the prosecutrix has been examined before the trial Court and she has supported the allegation. The appreciation of her statement cannot be done at this stage.

2 MCRC No.30952/2020

6. Considering the allegations made against the petitioner, the evidence collected during the investigation and the earlier order passed by the Court, this Court does not find any reason to change the view taken earlier on the ground raised by the petitioner, therefore, the petition is dismissed.

(Virender Singh) Judge REENA Digitally signed by REENA PARTHO SARKAR das PARTH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=14e70a287a42438a98dcd444 9c9a456209ff4272bed8d6bac1452f3fb O 432e6d0, serialNumber=58c860afe3bd7b9233b 3b2d74632a61befdc37f85ce50264bcf8 43011f77654d, cn=REENA PARTHO SARKAR SARKAR Date: 2020.11.28 13:53:00 +05'30'

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