Prahlad Puri vs The State Of Madhya Pradesh
2021 Latest Caselaw 7845 MP

                                                                              1                               CRA-1241-2016
                                                    The High Court Of Madhya Pradesh
                                                             CRA No. 1241 of 2016
                                                              (PRAHLAD PURI Vs THE STATE OF MADHYA PRADESH)

                                            20
                                            Indore, Dated : 25-11-2021
                                                  Shri Ashish Vyas, learned counsel for the appellant.
                                                  Shri Sudhanshu Vyas, Panel Lawyer for respondent/State.

Learned Panel Lawyer informed this court that victim/prosecutrix has been served.

Heard on I.A.No.5443/2019, which is an application for suspension

of jail sentence of the appellant who has been convicted by the Special Judge SC/ST (Prevention of Atrocities) Act, Rajgarh (Biaora), vide judgment dated 10.8.2016, for the offence punishable under Section 376(1) of IPC, sentenced to undergo life imprisonment with fine of Rs.5000/- and under Section 450 of IPC, sentenced to undergo 10 years RI with fine of Rs.2000/-, with default stipulation on each count.

Learned counsel for the appellant fairly submits that no doubt his previous application for suspension of sentence was dismissed on 7.11.2016 on merits, however, the said application was dismissed by holding that at this

stage, no case is made out for suspension of jail sentence.

Learned counsel for the appellant submits that there is glaring contradictions between the Court statements of the prosecutrix and her statements recorded under Section 161 of Cr.P.C. The report was lodged by the prosecutrix after two days from the date of incident. The appellant deposed that she suffered an injury because of sexual assault committed by the appellant whereas, husband of the prosecutrix (PW2) categorically deposed that after the incident she was beaten by him. The medical report is founded upon the samples which were collected after two days. The medical report does not connect the appellant from the material so collected. The appellant remained in custody for more than 7 years. The final hearing of this Signature Not VerifiedDigitally signed by SAN SHAILESH appeal in near future is not possible. Hence, it is prayed that appellant may be MAHADEV SUKHDEVE Date: 2021.11.25 17:54:12 IST 2 CRA-1241-2016 given the benefit of suspension of jail sentence.

On the other hand, learned Panel Lawyer for the respondent/State opposed the prayer for suspension of jail sentence and prays for its rejection.

Considering the aforesaid arguments of the appellant and mainly on the ground that the appellant remained in custody for about 7 years and final hearing of this appeal is not possible in near future, we deem it proper to

suspend the remaining jail sentence of the appellant. Accordingly, I.A.No.5443/2019 is allowed and it is directed that upon appellant's depositing the fine amount (if not already deposited) 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 the appellant shall remain suspended till the final disposal of the appeal and he be released on bail, for his appearance before the trail Court Rajgarh (Biaora) on 22.12.2021 and all other subsequent dates, as may be fixed in this behalf by the said Court.

List for final hearing in due course.

C.c. as per rules.

                                                (SUJOY PAUL)                                           (PRANAY VERMA)
                                                   JUDGE                                                     JUDGE

                                             SS/-




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SHAILESH
                       MAHADEV
                       SUKHDEVE
                       Date: 2021.11.25
                       17:54:12 IST