Raju @ Laara vs The State Of Madhya Pradesh
2021 Latest Caselaw 7954 MP

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    HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                       Cr. A. No.7860 of 2018
                   Raju @ Laara Vs. State of M.P.

Indore, Dated:- 29/11/2021
       Shri Anand Bhatt, Counsel for the appellant - Raju @ Laara

S/o Shankar Sutar.

       Shri Sameer Verma, Counsel for the respondent/State.

       Heard on IA No.26973/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of the appellant.

       The present appellant has been convicted and sentenced by II

Additional Sessions Judge, Khargone, West Nimar, (MP) in Special

Sessions Trial No.40/2017 vide judgment dated 11.07.2018, as under:

-

          Conviction                       Sentence
     Section      Act        RI      Fine amount Imprisonment
                                                 in lieu of fine
    363        IPC, 1860 5 years     Rs.1,000/-     3 months RI
    366        IPC, 1860 7 years     Rs.2,000/-     6 months RI

376(2) IPC, 1860 10 years Rs.10,000/- 1 year RI (N) The allegation against the appellant is of abduction and rape.

Counsel for the appellant has submitted that the appellant is

lodged in jail since 03.06.2017 and as such he has completed four

years and six months of incarceration. Counsel has further submitted

that the prosecutrix was major and a consenting party and the FSL

report is also in favour of the appellant. It is submitted that the

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.7860 of 2018 Raju @ Laara Vs. State of M.P.

prosecutrix has remained with the appellant for three days before she

was recovered and during this time she has not raised any hue and cry

regarding her abduction and rape and in fact she has stated that she

was lured away by the appellant on the pretext of marriage. So far as

the age of the prosecutrix is concerned, it is submitted that the father

of the prosecutrix PW-1 has admitted in his deposition that his elder

son is 19 years old and the prosecutrix is one year younger than him

and the prosecutrix PW-2 in para 5 of her deposition has admitted that

she is one year younger than his brother. Thus, it is prayed that the jail

sentence of the appellant be suspended and he be released on bail.

Counsel for the respondent/State, on the other hand, has

opposed the prayer.

Having considered rival submissions, perusal of the record

including the statements of the prosecutrix and her father and looking

to the period of incarceration, this Court finds force with the

contentions raised by the Counsel for the present appellant to allow

the application for suspension of custodial sentence.

Accordingly, without expressing any opinion on merits of the

case, IA No.26973/2021 is allowed and it is directed that on his

furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand) with a solvent surety in the like amount to the satisfaction

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.7860 of 2018 Raju @ Laara Vs. State of M.P.

of the learned trial Court, for his / her 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 02.03.2022 and on all

such subsequent dates, as may be fixed by the concerned Court in this

regard.

This is an admitted appeal.

List for final hearing in due course.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.11.30 10:21:01 +05'30'