Chandan Bairagi vs The State Of Madhya Pradesh
2021 Latest Caselaw 8925 MP

THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH Cr.A.No.4527-2021 (Chandan Bairagi s/o Damodardas Bairagi vs. State of Madhya Pradesh)

Indore, Dated: 16.12.2021 The Advocates are abstaining from Court working today.

Wife of the appellant - Pooja Bairagi is present in person.

Heard on I.A.No.29042/2021, which is the first application under

Section 389(1) of the Cr.P.C. for suspension of jail sentence of the sole

appellant-Chandan Bairagi.

The appellant has been convicted by the IX Sessions Judge ,

Ujjain vide judgment dated 03.7.2021 passed in S.T. No.350/2020 and

sentenced him as under:-

       Conviction                            Sentence
    Section       Act      Imprisonment         Fine         Imprisonment
                                                             in lieu of fine
    376(2)F       IPC       10 Years RI        5,000/-        2 months RI
     342          IPC        3 Year RI         1,000/-        1 month RI

Allegation against the appellant is that he committed rape on

the prosecutrix, who is also his cousin sister-in-law.

On perusal of the deposition of the prosecutrix, who is a

married woman as also the photographs admitted by the prosecutrix,

which were taken within the span of 2-3 days of the incident in which

the prosecutrix is also appearing along with the wife of the appellant

and the appellant himself in a happy state of mind and further

considering the fact that the prosecutrix has also stated in her cross-

examination that in the night when the incident took place she also fell

from the bed on the appellant and at that time the wife of the appellant

also appellant also got up, in such circumstances, the appeal appears

arguable and considering the fact that the appellant is lodged in jail

since 11.9.2019 and the final disposal of the appeal is likely to take

sufficient long time, in considered opinion of this Court, it would be

expedient to suspend the jail sentence of the appellant. Accordingly,

the application -I.A.No.29042/2021 is allowed.

It is directed that 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 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

presence before the concerned trial Court on 10.3.2022 and on all

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

regard.

Certified copy, as per rules.

(SUBODH ABHYANKAR ) JUDGE moni

Digitally signed by MONI RAJU Date: 2021.12.16 16:06:09 +05'30'