Ravindra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3381 MP

 :1:                          Cr.A. No. 561-2016

 THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE


                          Cr.A. No. 561-2016
       (Ravindra Singh s/o Narendra Singh Chandel vs. State of M.P.)

Indore, Dated: 16.7.2021
           Heard through Video Conferencing.


           Shri S.K. Meena, learned counsel for the appellant.

           Shri A.S. Parihar, learned Panel Lawyer for the

respondent/State.

Heard on I.A.No.14902/2021, which is the fourth repeat

application under Section 389 of the Cr.P.C. for suspension of

jail sentence of the appellant.

The appellant has been convicted by the First Additional

Session Judge, Mandsaur vide judgment dated 02.3.2016 passed

in S.T. No.227/2014 and sentenced him as under:-

       Conviction                          Sentence
 Section        Act      Imprisonment          Fine        Imprisonment

                                                           in lieu of fine
   363         IPC        3 Years RI          500/-         1 month SI
   366         IPC        3 Years RI          500/-each     1 month SI
 376 (2)       IPC        10 Years RI       5,000/- each   2 months RI
   (N)


           Appellant's    earlier   application-I.A.No.5361/2018       for

suspension of jail sentence has already been dismissed on merits

by this Court on 25.7.2018.

Counsel for the appellant has submitted that the appellant's

subsequent application-I.A.No.8444/2018 was also dismissed as

withdrawn on 27.2.2019. It is further submitted that the appellant :2: Cr.A. No. 561-2016

is in jail since 2.3.2016 and prior to that he has already been spent

around eight months in jail during the course of the trial and as

such he has now completed six years and one month of

incarceration, out of 10 years of sentence awarded to him.

Counsel has further submitted that appeal is not likely to be heard

finally at an early date and there are strong contention of the

counsel that as the age of the prosecutrix even according to the

prosecution is 17-18 years which is disputed by the appellant and

P.W.6 Dr. Priya Verma has also admitted that she was informed by

the prosecutrix that she had gone with the appellant on her own

will and had sexual intercourse with him. In such circumstances,

counsel has prayed that the appellant be released on bail.

The prayer for suspension of sentence is opposed by the

counsel for the State and it is submitted that no case for grant of

suspension of jail sentence is made out as the appellant's earlier

application for suspension has been dismissed on merit.

On considering the aforesaid submissions, on perusal of

the record and taking note of the period of incarceration as also the

evidence available against the appellant, in the considered opinion

of this Court, it would be expedient to suspend the jail sentence of

the appellant. Accordingly, the application I.A.No.14902/2021 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 :3: Cr.A. No. 561-2016

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 13.12.2021 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: 2021.07.17 12:30:52 +05'30'