Subhash vs The State Of Madhya Pradesh
2021 Latest Caselaw 1695 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                         CR. A. No. 1645 / 2017
          SUBHASH S/O KISHORE BHILALA Vs. STATE OF M. P.
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INDORE, Dated : 30/04/2021
      Hearing through video conferencing.
      Mr. Vikas Rathi, learned counsel for the appellant.
      Mr. Valmiki Sakargayein, learned Panel Lawyer for the
respondent - State, on advance notice.

Heard on I.A.No. 1077/2020, second application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant. Earlier application was dismissed as withdrawn.

The present appellant has been convicted and sentenced by learned Additional Sessions Judge, Dharampuri in S.T.No. 16/2016 vide judgment dated 1/9/2017, as under :

            Conviction                            Sentence
Section          Act          RI         Fine amount   Imprisonment in lieu of fine

366              IPC          3 Years    500/-         1 months RI
376(2)(n)        IPC          10 years   5000/-        2 months RI

Counsel for the appellant has submitted that the appellant has already completed about 4 years and the final disposal of the appeal is likely to take long time and even otherwise it is a case where the prosecutrix had gone on her on volition with the present appellant which is also apparent from her deposition before the Court. So far as her age is concerned, it is submitted that in Ex.P/18, her age is stated to be 16 - 18 years. Thus, it is submitted that if the appeal is not heard in near future and the appellant is required to remain in Jail, the whole purpose of filing this appeal would render futile.

Counsel for the respondent - State opposes the application by submitting that no sufficient ground is made out for releasing HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 1645 / 2017 SUBHASH S/O KISHORE BHILALA Vs. STATE OF M. P.

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the appellant on bail; hence the application filed by the appellant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties and and on perusal of the record including the statement of the prosecutrix PW-7, as also the documents in relation to her age, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.

Accordingly, I.A.No. 1077/2020 is allowed and it is directed that on furnishing a personal bond by appellant - Subhash s/o Kishore Bhilala, in the sum of Rs.50,000/- (Rs. Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court for his regular appearance before the concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 28/7/2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard, with a further condition if the appellant has not already served out the entire sentence.

Let the matter be listed for final hearing in due course. Certified copy, as per Rules.

(SUBODH ABHYANKAR) JUDGE KR

Digitally signed by KAMAL RATHORE Date: 2021.05.01 16:39:33 +05'30'