Kannu Patel @ Karansingh Aanjna vs The State Of Madhya Pradesh
2021 Latest Caselaw 1975 MP

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         THE HIGH COURT OF MADHYA PRADESH,
                      BENCH AT INDORE
                    Criminal Appeal No.2446 of 2021
          (Kannu Patel @Karan Singh V/s. State of M.P.)
Indore, Dated: 17/05/2021
      Ms. Sharmilla Sharma , learned counsel for the appellant.
      Shri Pradyumna Kibe, learned          panel lawyer for the
respondent/State.

Heard on the question of admission.

Heard on I.A. No.8187/2021, which is an application filed under Section 389 (1) of the Cr.P.C. for suspension of jail sentence filed on behalf of the appellant-Kannu Patel @Karan Singh.

The appellant has been convicted vide judgment dated 31.03.2021 passed by the Additional Sessions Judge and Special Judge, POCSO Act, Ujjain in Sessions Trial No.33/2020 whereby he has been convicted for the offence punishable as follows:

Under Section    Punishment       Fine            In default      of
                                                  Fine
363 of the IPC   4 years          1000            3 months
366 of the IPC   4 years          1000            3 months

As per prosecution case, the present appellant and Pawan abducted the prosecutrix from the lawful custody of guardian and thereafter, she was kept by co-accused Pawan from 25.02.2017 to 28.02.2017 in Bheelwada City and committed rape upon her.

Learned counsel for the appellant has submitted that the allegations against the appellant are under Section 363 and 366 of the IPC. He took both of them on a motor cycle and after both have left he came back to his village. For this work he has given

Rs.10,000/- by co-accused Pawan. There was a consent between prosecutrix and Pawan. There is no chance of early hearing of this appeal in near future. Under these circumstances, learned counsel for the appellant prays for suspension of remaining jail sentence of the appellant and grant of bail.

Learned panel lawyer for the respondent/state opposes the application by submitting that no sufficient ground is made out for releasing the appellant on bail, hence the application filed by the appellant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserved to be allowed.

Accordingly, I.A. No.8187/2021, is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark his presence before the registry of this Court on 28/01/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.8187/2021, stands disposed of.

Also, I.A. Nos.7945/2021, 8188/2021, 10976/2021 and 10977/2021 are closed.

Admit.

List the appeal for final hearing in due course. Record of the Courts below be requisitioned. Certified copy, as per rules.

                                                                                 (Vivek Rusia)
  Ajit                                                                           Vacation Judge


              Digitally signed by AJIT KAMALASANAN


AJIT

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241effad892107

KAMALASANAN d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C09EF29, serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E0817FB61F 5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2021.05.18 17:28:01 +05'30'