Arvind vs The State Of Madhya Pradesh
2021 Latest Caselaw 5082 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                        Cr. A. No.5310 of 2019
                       Arvind Vs. State of M.P.

Indore, Dated:- 06/09/2021
      Shri A. K. Saraswat, Counsel for the appellant - Arvind S/o

Dubliya Mavi.

      Ms. Geetanjali Chourasiya, Counsel for the respondent/State.

Heard on IA No.1958/2020, 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

First Additional Sessions Judge, Jhabua (MP) in Sessions trial

No.10/2018 vide judgment dated 13.06.2019, as under: -

       Conviction                         Sentence
   Section      Act          RI          Fine      Imprisonment in
                                        amount       lieu of fine
   376     IPC        10 years    Rs.2,000/- 1 year RI

His first application I.A. No.5047/2019 was dismissed as

withdrawn by this Court vide order dated 19.11.2019.

Counsel for the appellant has submitted that the appellant has

been falsely implicated in the case. He is in jail since 13.06.2019 i.e.,

around 2 years and two months and the prosecutrix was a major lady

aged around 23 years at the time of the incident has lodged the FIR

after 25 days. It is a fact that she has informed her husband about the

incident soon after the incident i.e. on 21.09.2018 at 11:00 PM,

whereas the FIR has been lodged after her in-laws came back on

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.5310 of 2019 Arvind Vs. State of M.P.

16.10.2018.

Counsel for the appellant has submitted that the prosecutrix

though has supported the case of the prosecution, however, there is no

proper explanation regarding the delay in lodging the FIR and apart

from that there is no material available on record to connect the

appellant with the offence. Counsel has further submitted that the

final disposal of the appeal is likely to take sufficient long time and

the appellant is 21 years of age. Thus, it is prayed that the application

for suspension of jail sentence be allowed.

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

opposed the prayer.

Having considered rival submissions and on perusal of the

record including the statement of the prosecutrix PW-1 as also the

doctor Ankita Dhakiya (PW-4), this Court finds force with the

contentions raised by Counsel for the appellant. Thus, considering the

fact that the final disposal of the appeal is likely to take sufficient

long time as the appellant is in jail last around 2 years and 2 months,

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.1958/2020 is allowed and it is directed that upon

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.5310 of 2019 Arvind Vs. State of M.P.

depositing fine amount, if any, and on furnishing a 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.

Since the appeal is already admitted for final hearing.

List the same for final hearing in due course.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.09.06 17:37:37 +05'30'