Rambabu Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 6461 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                     Cr. A. No.3682 of 2019
                 Rambabu Sharma Vs. State of M.P.

Indore, Dated:- 05/10/2021
      Shri Jitendra Kumar Agral, Counsel for the appellant -

Rambabu.

      Shri Vismit Panot, Counsel for the respondent/State.

Heard on IA No.21987/2021, second 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

Special Judge, SC/ST, Shajapur in Special Case No.98/2017 vide

judgment dated 13.03.2019, as under: -

       Conviction                         Sentence
    Section      Act         RI          Fine      Imprisonment in
                                        amount       lieu of fine
   376(2)(i) IPC      10 years    Rs.100/-  3 days RI

His first application for suspension of sentence i.e., I.A.

No.7477 of 2019 was dismissed as withdrawn vide order dated

16.09.2019.

On due consideration of submissions and on perusal of the

record including the statement of the prosecutrix, taking note of the

fact that the prosecutrix was major at the time of the incident and has

stayed with the appellant for around 9 days as the date of incident is

03.06.2017 whereas the recovery memo is of 12.06.2017 and during

this period she has stayed with the appellant. She has also admitted

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.3682 of 2019 Rambabu Sharma Vs. State of M.P.

that the appellant had told her that he loves her. Considering the fact

that the appellant is in jail since 12.06.2017 and the final disposal of

the appeal is likely to take sufficient long time, this Court is of the

considered opinion that the application for suspension of custodial

sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.21987/2021 is allowed and it is directed that on

furnishing a personal bond by the appellant in the sum of Rs.50,000/-

(Rupees fifty thousand only) with one solvent surety in the like

amount to the satisfaction of the 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.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.10.05 17:29:52 +05'30'