Suresh vs The State Of Madhya Pradesh
2021 Latest Caselaw 447 MP

                                                          1                                 CRA-579-2016
                                The High Court Of Madhya Pradesh
                                           CRA-579-2016

(SURESH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 03-03-2021 Shri Gaurav Verma, learned counsel for the appellant. Ms. Bharti Lakkad, Public Prosecutor for State. Shri D.S. Rathore, learned counsel for the complainant. Heard on I.A.No.80/2021, which is 3rd application for suspension of jail sentence of appellant No.1 Suresh, who has been convicted by the 3rd

Addl. Sessions Judge, Dewas vide judgment dated 31.3.2016, passed in S.T.No.310/2015 and sentenced the appellant for commission of offence punishable under Section 377 of IPC to undergo 10 years RI with fine of Rs.5000/- and under Section 506 of IPC sentenced to undergo 1 year RI with fine of Rs.1000/-, with default clause on each count.

Learned counsel for the appellant submits that the complainant in the matter has entered into compromise with the present appellant. An application under Section 320 (2) of Cr.P.C is placed on record. This Court vide order dated 22.2.2021 has directed the parties to appear before the Principal

Registrar. The report of the Principal Registrar is placed on record in which it has been mentioned that the compromise has been arrived at voluntarily, without any threat, inducement and coercion.

Learned counsel for the complainant Shri D.S. Rathore is present before this Court.

Learned counsel for the appellant has also submitted that the appellant is in jail since 31.3.2016 and has almost completed half of the jail term.

Heard learned Public Prosecutor for the State. Considered.

In view of the submissions made and looking to the application for compromise and the period undergone in jail, without commenting on merits of the case, I.A.No.80/2021, stands allowed and it is directed that upon

Digitally signed by Shailesh Sukhdev Date: 04/03/2021 14:47:34 2 CRA-579-2016 appellant No.1's depositing the fine amount and on furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant (Suresh) shall remain suspended till the final disposal of this appeal and he shall be released on bail for his regular appearance before the Registry of this Court on 19.4.2021 and all other subsequent dates as may be fixed in this

behalf by Office.

I.A.No.422 of 2021, stands rejected.

The appeal has already been admitted.

List for final hearing in due course.

C.c. as per rules.

(SHAILENDRA SHUKLA) JUDGE

SS/-

Digitally signed by Shailesh Sukhdev Date: 04/03/2021 14:47:34