Urf Rishi vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on I.A. No.12942/2020, an application for grant of ad-interim bail for a period of 6 months due to emergence situation of Pandemic Covid-19.

This Court has dismissed the application for grant of ad-interim bail to the appellant vide order dated 10.5.2019. Again this application for grant of ad-

interim bail has been filed by the appellant on the ground of emerging situation of pandemic Covid-19. Now a days, Covid-19 positive cases are not

occurring in the jails of Madhya Pradesh, therefore, there is no need to release the appellant on bail on the ground of Covid-19 pandemic.

Hence, I.A. No.12942/2020 is dismissed.

Also, heard on I.A. No.12941/2020, repeat third application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence

and grant of bail to the appellant, whereas his previous applications were dismissed by this Court vide order dated 29.1.2019 and 10.5.2019.

The appellant stands convicted for offence punishable under Section 6 of Protection of Children from Sexual Offences Act and sentenced to undergo

R.I. for 10 years and fine of Rs.5,000/-, with default stipulation.

Having heard the learned counsel for the parties and on a perusal of statement of the victim child, who was 10 years old at the time of incident and

DNA report, male DNA profile was found from the saliva of the victim child. Considering the strong evidence found against the appellant and also

considering the gravity of offence, this Court is not inclined to suspend the further custodial awarded sentence of the appellant and release him on bail.

Consequently, I.A. No.12941/2020 is dismissed.

List this appeal for final hearing in due course.