PATNA: The Patna High Court rejected Plea Moved By the rape accused Ex-MLA Rajballabh Yadav under Section 389(1) CrPC for suspension of sentence currently, he is serving a life sentence in the rape case of a minor. The application was moved during the pendency of the appeal against the conviction order.
A division bench of Justice Ashwani Kumar Singh and Justice Harish Kumar ordered,
“Regard being had to the gravity of the offence, the role played by the appellant, an ex-MLA, in the commission of the offence upon a minor girl and the person against whom there is a lessor charge has been refused bail by this Court, we are not inclined to grant bail at this stage.“
Yadav has been convicted for the offenses punishable under Sections 376 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Offences Act and sentenced to undergo imprisonment for life.
On completion of the investigation, charge sheet was submitted against the accused and five persons under Sections 366A, 376, 370, 370A, 212, 420, 109, 120B of the Indian Penal Code and Sections 4, 8 and 17 of the Protection of Children from Sexual Offences Act and Sections 4, 5 and 6 of the Immoral Traffic Act.
Considering the gravity of the offence, the court ordered that the role played by the appellant, an ex-MLA, in the commission of the offence upon a minor girl and the person against whom there is a lessor charge has been refused bail by this Court, it is not inclined to grant bail at this stage. Accordingly, the prayer for bail of the appellant was rejected.
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