Rahul vs The State Of Madhya Pradesh
2021 Latest Caselaw 4785 MP

                                                                              1                             CRA-4251-2019
                                                    The High Court Of Madhya Pradesh
                                                               CRA-4251-2019
                                                                 (RAHUL Vs THE STATE OF MADHYA PRADESH)

                                            4
                                            Indore, Dated : 27-08-2021
                                                  Heard through Video Conferencing.
                                                  Shri N.J. Dave, learned counsel for the appellant.
                                                  Shri Vikas Jaiswal, learned Public Prosecutor for the respondent/State.

Heard on I.A.No.1255/2021 which is an application under Section 389(1) Cr.P.C for suspension of sentence and grant of bail filed on behalf of

appellant-Rahul.

The appellant has been convicted for the offence under Sections 363, 366, 376(2)(n) of IPC 1860; section 5(l)/6 of Protection of Children from Sexual Act, 2012 and sentenced to undergo R.I. for 3 years, 5 years, 10 years and 10 years, respectively with fine and usual default stipulation vide judgment dated 24/04/2019 passed by 1st Additional Sessions Judge, District Mandleshwar in S. T. No.129/2015.

Learned counsel for the appellant has submitted that the prosecutrix in the present case was more than 18 years of age and was a consenting party as

she has stayed with the appellant for a period of around 18 days in a hotel at Indore and has not raised any objection, which fact has also been admitted by her in her cross-examination. Counsel further submitted that the appellant is in jail since 24/07/2019 and the final disposal of the appeal is likely to take sufficient long time. So far as the age of the prosecutrix is concerned, it is submitted that only the scholar register(Exhibit-P/7) has been filed, which is also not backed by any reliable document reflecting her date of birth. It is also submitted that in her statement recorded under Section 164 of Cr.P.C (Exhibit-D/2) the prosecutrix has given a clean chit to the appellant. In these circumstances, the sentence of the appellant may be suspended and he be released on bail.

Signature Not VerifiedDigitally signed by SAN SUMATHI Prayer is opposed by the learned Panel Lawyer.

                      JAGADEESAN
                      Date: 2021.08.28
                      12:26:49 IST
                                                                                    2                           CRA-4251-2019

After taking into consideration of the rival submissions and on perusal of record, this Court finds force in the contentions raised by learned counsel for the appellant, therefore, without commenting on the merits of the case, I.A. No.1255/2021 is allowed.

It is directed that upon depositing the fine amount and on furnishing

personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety of the like amount to the satisfaction of the trial Court, the remaining portion of the jail sentence of the appellant shall be suspended and he be released on bail for his appearance before the concerned trial Court on 16.12.2021 and thereafter on all subsequent dates as may be fixed by the trial Court in this behalf.

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE

sumathi

Signature Not Verified VerifiedDigitally Digitally signed by SAN SUMATHI JAGADEESAN Date: 2021.08.28 12:26:49 IST