Paramjeet Singh Dewda @ Param vs The State Of Madhya Pradesh
2021 Latest Caselaw 5853 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                      Cr. A. No.4097 of 2021
              Paramjeet Singh Dewda Vs. State of M.P.

Indore, Dated:- 22/09/2021

       Shri Rajat Raghuwanshi, Counsel for the appellant - Paramjeet

Singh Dewda S/o Brijmohan Singh Devda.

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

Ms. Swati Sharma, Counsel for the objector.

Heard on IA No.24582/2021, 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 (O.A.W.), Indore (MP) in Sessions Case No.1401101/2015 vide

judgment dated 30.06.2021, as under:

         Conviction                           Sentence
    Section       Act     RI                 Fine     Imprisonment in
                                            amount      lieu of fine
   376(1)     IPC, 1860 07 years           Rs.5000/- 6 months RI
   506-II     IPC, 1860 02 years           Rs.3000/- 2 months RI
   342      IPC, 1860 01 year          Rs.1000/- 2 months RI

Counsel for the appellant has submitted that earlier the appellant's

first application I.A. No.18368 of 2021 for temporary suspension was

allowed by this Court on 22.07.2021 for a period of five days only so that

to allow him to participate in the B.Ed. 4 th semester examination and

MPPSC examination and after the completion of the bail period, he has

also surrendered before the Trial Court on 26.07.2021.

So far as the present application is concerned, Counsel for the

appellant has submitted that the prosecutrix was major and was a

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.4097 of 2021 Paramjeet Singh Dewda Vs. State of M.P.

consenting party. It is further submitted that the prosecutrix has also filed

an application for compromise under Section 320 of Cr.P.C. along with the

affidavit and has expressed her no objection if the application for

suspension of sentence is allowed. Counsel for the appellant has further

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

long time and there are material omissions and contradictions in the

statements of the witnesses.

Counsel for the objector/complainant, on the other hand, has not

opposed the prayer and it is submitted that she has no objection if the

application for suspension of sentence is allowed.

Counsel for the respondent/State, however, has opposed the prayer.

On due consideration of submissions and on perusal of the record,

considering the fact that the prosecutrix has no objection if the application

for suspension of sentence is allowed and on earlier occasion when the

appellant was granted temporary suspension, he has not misused the liberty

extended to him and the fact that 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.24582/2021 is allowed and it is directed that on furnishing a

personal bond by the appellant Paramjeet Singh Dewda 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

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.4097 of 2021 Paramjeet Singh Dewda Vs. State of M.P.

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 17.12.2021 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: 2021.09.22 17:54:27 +05'30'