Monu @ Devendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 6154 MP

                                                                    1                                CRA-9195-2019
                                          The High Court Of Madhya Pradesh
                                                     CRA-9195-2019
                                                  (MONU @ DEVENDRA Vs THE STATE OF MADHYA PRADESH)

                                   13
                                   Jabalpur, Dated : 28-09-2021
                                         Heard through Video Conferencing.
                                         Shri Guljar Rajput, learned counsel for the appellant.
                                         Smt. Ekta Gupta, learned PL for the respondent/State.

Heard on the question of admission.

Heard on I.A. No.12439/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Monu @ Devendra.

T h i s appeal has been preferred against the judgment dated 30/9/2019 passed by learned Seventh Additional Sessions Judge, Bhopal in S.T.No.214/2018, whereby learned Additional Sessions Judge found the appellant guilty for the offence punishable under Sections 498A, 377 of the IPC and sentenced him to undergo R.I. for 2 years with fine of Rs.1,000/- and R.I. for 7 years with fine of Rs.3,000/- respectively with default clause.

Learned counsel for the appellant submitted that the trial Court without appreciating the evidence properly, wrongly convicted the appellant for the aforesaid offences. It is alleged that the applicant used to harass his wife and also committed unnatural intercourse with her but allegation do not corroborate by her medical examination report. It is alleged that the applicant committed unnatural intercourse with the prosecutrix one month prior to the fling of the FIR. There is no explanation regarding delay in lodging the FIR. There are several omissions and contradictions in the evidenced adduced by the prosecution. The appellant is in jail since the date of judgement i.e. 30/9/2019 and hearing of this appeal will take time. Hence learned counsel prayed for suspension of the jail sentence and release of the appellant on bail.

Learned counsel for the respondent/State opposed the prayer and submitted that sufficient evidence is available against the appellant to connect him with the crime. So, learned trial court did not commit any mistake in finding the appellant guilty for the aforesaid offence. Hence, prayed for dismissal of the application for suspension of sentence. Signature Not Verified SAN Looking to the facts and circumstances of the case, the contention Digitally signed by VARSHA SINGH Date: 2021.09.28 17:37:51 IST 2 CRA-9195-2019 of learned counsel for the appellant, and the fact that the appellant is in custody since the date of judgement i.e. 30/9/2019 and according to listing policy the hearing of this appeal is likely to take a long time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 13/12/2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Appeal has already been admitted vide order dated 27/7/2020 for final hearing, so it be listed for final hearing in due course.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

VS

Signature Not Verified SAN

Digitally signed by VARSHA SINGH Date: 2021.09.28 17:37:51 IST