Tersingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5410 MP

                                                                        CRA No.6021/2017

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.6021/2017
Indore, Dated 14.09.2021
      Shri Anupam Chouhan, learned counsel for appellant Ter

Singh s/o Jam Singh.

      Shri Avdhesh Polekar, learned Panel Lawyer for the

respondent / State of Madhya Pradesh.

Heard on IA No.10375/2021, repeat (fourth) 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

learned Additional Sessions Judge Manawar, District Dhar (MP) in

Sessions Trial No.41/2016 vide judgment dated 6th December, 2017,

as under: -

              Conviction                     Sentence
    Section            Act     RI       Fine amount     Imprisonment in lieu of fine
      376              IPC   07 years   Rs.10,000/-         1 year additional RI

The allegation against the appellant is that he committed rape

on the prosecutrix.

Counsel for the appellant has submitted that on 01.05.2018,

the earlier application (IA No.2444/2018) for suspension of jail

sentence of the appellant has already been dismissed on merits.

Counsel for the appellant has submitted that out of seven years CRA No.6021/2017

of imprisonment awarded to the appellant, he has already completed

three years and nine months of incarceration; and the final disposal

of the appeal is likely to take sufficiently long time.

Counsel has also drawn the attention of this Court to MLC of

the prosecutrix in which the injuries were inflicted on prosecutrix

were by her own husband only, which fact has also been affirmed by

Dr. Monika Chouhan (PW-4).

Thus, it is submitted that the application for suspension of jail

sentence be allowed and the appellant be released on bail.

Counsel for the respondent / State of Madhya Pradesh opposed

the prayer.

Having considered the rival submissions and on perusal of the

record so also taking note of the period of incarceration of the

appellant which is more than half of the sentence awarded to the

appellant and the deposition of the doctor, this Court finds force with

the contention raised by the learned counsel for the appellant.

In such circumstances, 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.10375/2021 is allowed and it is directed that upon

depositing the fine amount (if not already deposited) and on

furnishing a personal bond by the appellant in the sum of CRA No.6021/2017

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 /

her presence before the concerned trial Court on 20.12.2021 and on

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

this regard.

Let the record of the case from the concerned trial Court be

requisitioned, if not already received.

Let the matter be listed for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.09.15 14:01:58 +05'30'