Madhya Pradesh High Court
Halke Choudhary vs The State Of Madhya Pradesh on 6 December, 2021
Author: Rajeev Kumar Dubey
1 CRA-6546-2021
The High Court Of Madhya Pradesh
CRA No. 6546 of 2021
(HALKE CHOUDHARY Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-12-2021
Shri A.K. Kurmi, counsel for the appellant.
Shri Pradeep Gupta, Govt. Advocate for the respondent/State.
Heard on admission.
Appeal seems to be arguable, hence, it is admitted for final hearing.
Also, heard o n I.A. No.19514/2021, application u/S.389(1) of
Cr.P.C. for suspension of the custodial sentence passed against appellant
Halke Choudhary.
This appeal has been preferred against the judgment dated 12.10.2021
p as s ed by Second Additional Sessions Judge, Gadarwara, District-
Narsinghpur in Special Sessions Case No.34/2020 whereby learned ASJ
found the appellant guilty for the offence punishable under Section 368 of
IPC and sentenced him to undergo R.I. for 03 years with fine of Rs.1,000/-
with default stipulation.
Learned counsel for the appellant submitted that from the statement of
prosecutrix, it is not proved that appellant concealed or confined the
prosecutrix. The prosecutrix (PW-1) in her court statement only deposed that
co-accused Ram Kumar took her to matrimonial house of appellant located at
Village Jhagra. She did not depose that the appellant took prosecutrix to the
house of appellant. She also did not deposed that appellant concealed or
confined her. She only deposed that the co-accused Ram Kumar took her to
matrimonial house of appellant where he kept her for three days so on that
basis it cannot be said that appellant concealed or confined the prosecutrix.
Learned trial Court without appreciating the evidence properly, wrongly
convicted the appellant for the aforesaid offences. The trial Court has already
suspended the jail sentence of the appellant upto 11.12.2021. Appellant has
no criminal past. Hence prayed for suspension of the jail sentence and release
of the appellant on bail since the hearing of this appeal will take time.
Learned counsel for the State opposed the prayer and submitted that
the guilt of the appellant was proved beyond reasonable doubt, therefore,
learned trial Court has rightly convicted and sentenced the appellant.
Looking to the facts and circumstances of the case, contention of
learned counsel for the appellant and the fact that the learned trial Court itself
suspended the jail sentence of the appellant upto 11/12/2021 and according to
listing policy the hearing of this appeal will take time, the application is
allowed and it is directed that the execution of the jail sentence alone passed
Signature Not Verified
SAN
against the appellant shall remain suspended during the pendency of this
Digitally signed by RANJEET AHIRWAL
Date: 2021.12.06 18:11:29 IST
2 CRA-6546-2021
appeal and he be released on bail upon furnishing personal bond in the sum
of Rs.50,000/- (Rs. Fifty Thousand only) with separate surety in the like
amount to the satisfaction of the trial Court for his appearance before the
Registry of this Court on 21/03/2022 and on such further dates as may be
fixed in this behalf by the Registry during the pendency of this appeal.
List the matter for final hearing in due course.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY)
JUDGE
(ra)
Signature Not Verified
SAN
Digitally signed by RANJEET AHIRWAL
Date: 2021.12.06 18:11:29 IST
