Raju Bhil vs The State Of Madhya Pradesh
2021 Latest Caselaw 8059 MP

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                                                                                      CRA No.1518/2021

               High Court of Madhya Pradesh, Jabalpur
                           Bench at Indore
            Criminal Appeal No.1518/2021
Indore, Dated 01.12.2021
         Shri Ashish Gupta, learned counsel for appellant Raju Bhil s/o

Punju @ Bhurla Bhil.

         Shri Palash Choudhary, learned Panel Lawyer for the

respondent / State of Madhya Pradesh.

Heard on IA No.4474/2021, first 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 the appellant.

The present appellant has been convicted and sentenced by

learned Sessions Judge Alirajpur, District Alirajpur (MP) in Special

Sessions Trial No.04/2018 vide judgment dated 17.02.2021, as

under: -

                 Conviction                                Sentence
     Section              Act              RI        Fine amount      Imprisonment in lieu of fine
   363           IPC            3 years             Rs.5,000/-        1 year
   366-A         IPC            7 years             Rs.5,000/-        2 years
   376 (2) (n)   IPC            10 years            Rs.10,000/-       3 years

Counsel for the appellant has submitted that the prosecutrix

was major, as the prosecution has not been able to prove her age to

be less than eighteen years, as the birth certificate issued by PW-3

Savita Bhinde has been prepared on 14.11.2017, one day prior to the

elopement of the prosecutrix from her house with the appellant, in

which her date of birth is stated to be 10.01.2001.

Counsel has further submitted that the prosecutrix was the

CRA No.1518/2021

consenting party, which is also apparent from the fact that she was

recovered after fourteen days and has stayed with the appellant,

without any objection for the aforesaid period of fourteen days.

Counsel has submitted that the application be allowed, as the

final disposal of the appeal is likely to sufficiently long time.

Counsel for the respondent / State, on the other hand, has

opposed the prayer.

On due consideration of the rival submissions and on perusal

of the record, this Court finds force with the contentions raised by

the learned counsel for the appellant and in the considered opinion of

this Court, the appellant has made out a case for grant of suspension

of jail sentence.

Accordingly, without expressing any opinion on merits of the

case, IA No.4474/2021 is allowed and it is directed that upon

depositing fine amount, if any, and on furnishing a personal bond by

the appellant in the sum of Rs.50,000/- (Rupees fifty thousand

only) with a solvent surety in the like amount to the satisfaction of

the learned trial Court, for his / her regular appearance before

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 /

her presence before the concerned trial Court on 20.04.2022 and on

CRA No.1518/2021

all such subsequent dates, as may be fixed by the concerned Court in

this regard.

It is also observed that if the appellant (s) is found in any of

the criminal activities, after his release on bail / suspension of

sentence, then the present bail / suspension order shall stand

cancelled without further reference to this Court; and the State /

prosecution will be free to arrest the accused in the present case also.

Let the matter be listed for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.12.02 09:58:02 +05'30'