Tek Bahadur Soni @ Kallu Soni vs The State Of Madhya Pradesh
2021 Latest Caselaw 3337 MP

                                                                       1                               CRA-1592-2014
                                            The High Court Of Madhya Pradesh
                                                       CRA-1592-2014

(TEK BAHADUR SONI @ KALLU SONI Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 15-07-2021 Heard through Video Conferencing.

Shri V.C. Rai, learned counsel for the appellant. Shri Vikram Johari, learned Panel Lawyer for the State. Heard on I.A. No.2030/2021, which is an application for suspension of sentence of the sole appellant Tek Bahadur Soni @ Kallu Soni.

The appellant has been convicted for the offence under Section 366 and 376(1) of the IPC and sentenced to undergo R.I. for five years with fine of Rs.25,000/- and Life Imprisonment with fine of Rs.30,000/- respectively with default stipulations.

Learned counsel for the appellant submits that the appellant has remained in custody for about 8 years and 3 months and that the prosecutrix has turned hostile, even otherwise the prosecutrix was aged about 36 years and was a consenting party and the medical evidence does not support the prosecution case. In that regard, he has referred to the statement of PW-3 Dr.

Manjula Sharma. He has also submitted that even the husband of the prosecutrix namely Babloo (PW-1) has not supported the prosecution case.

Learned counsel for the State has opposed the suspension application and has referred to the statement of PW-6 Anand Mittal, the brother of the prosecutrix and also para 17 of the judgment of the trial Court.

Having regard to the custody period of the appellant and the fact that hearing of the appeal is likely to take time and also considering the statements of the prosecutrix (PW-5) and Dr. Manjula Sharma (PW-3) as also the husband of the prosecutrix PW-1 Babloo, we are of the opinion that a case for suspension of sentence is made out.

Accordingly, I.A. No.2030/2021 is allowed. It is directed that on Signature Not Verified SAN deposit of fine amount, if not already deposited and on furnishing personal

Digitally signed by SATEESH KUMAR SEN Date: 2021.07.16 10:36:02 IST 2 CRA-1592-2014 bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety bond in the like amount to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 26.08.2021 and on subsequent dates as may be fixed by the Registry of this Court, the appellant Tek Bahadur Soni @ Kallu Soni be released on bail and the substantive sentence under appeal shall remain suspended.

Certified copy as per rules.

                                         (PRAKASH SHRIVASTAVA)                             (VIRENDER SINGH)
                                                JUDGE                                              JUDGE


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Signature Not Verified
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Digitally signed by SATEESH KUMAR
SEN
Date: 2021.07.16 10:36:02 IST