Bane Singh vs State Of M.P.
2021 Latest Caselaw 4953 MP

                                                                           1                          CRA-336-2021
                                                   The High Court Of Madhya Pradesh
                                                              CRA-336-2021
                                                                   (BANE SINGH Vs STATE OF M.P.)

                                            6
                                            Indore, Dated : 02-09-2021

                                                 Shri Akash Rathi, Counsel for the appellant-Bane Singh.
                                                 Shri A.S.Parihar, Counsel for the respondent/State.

Shri Parv Bansal, counsel for the complainant. Heard on IA No.20282/2021, a n 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.

T he present appellant has been convicted under sections 363, 366 and 376 of IPC and sentenced to undergo 3 years RI, 5 years RI and 10 years RI with fine of Rs.2,000/-, Rs.3,000/- and Rs.5,000/- respectively with default stipulation by I Additional Sessions Judge, Rajgarh in Sessions trial No.207/2014 vide judgment dated 24.12.2020.

The first application has been dismissed as withdrawn vide order dated 16.8.2021.

Learned counsel for appellant submits that prosecutrix was also the consenting party which is apparent from her cross- examination and she has also given her No objection and infact she has already married to the appellant and affidavit to this effect has been placed on record.

Learned counsel for complainant submits that complainant has no objection if the appellant is released on bail.

Having heard the submissions of learned counsel and also Signature Not VerifiedDigitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.09.03 17:32:09 IST the affidavit filed by the prosecutrix along with photographs, this 2 CRA-336-2021

Court is of the considered opinion t ha t t h e application for suspension of custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, IA No.20282/2021 is allowed and it is directed that on

furnishing personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction 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 13.12.2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Appeal is admitted for final hearing, list the same for final hearing in due course.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE

MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN SMT MUKTA KOUSHAL Date: 2021.09.03 17:32:09 IST