Shankar vs The State Of Madhya Pradesh
2022 Latest Caselaw 5183 MP

               1                                 Cr.A. 142 of 2021

           IN THE HIGH COURT OF MADHYA PRADESH
                                   AT INDORE
                             Cr.A. No. 142 of 2021
     ( Shankar s/o Narsingh Machar Vs. State of Madhya Pradesh)

Dated:- 08.04.2022
      Smt. Sharmila Sharma, learned counsel for the appellant.
      Shri Amit Singh Sisodiya, learned Govt. Advocate for the
respondent/State.

Heard on I.A.No.4824/2022, which is the second application filed under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the sole appellant.

The appellant has been convicted vide judgment dated 11.12.2020 passed in S.T.No.19/2019 and sentenced him as under:-

        Conviction                               Sentence
    Section        Act           Imprisonment         Fine     Imprisonment
                                                               in lieu of fine
   376(2)(N)       IPC            10 years RI        2,000/-    6 months RI


      Appellant's        first     application   I.A.No.11405/2021       was

dismissed by this Court as not pressed on 13.9.2021.

Counsel for the appellant has submitted that the appellant is lodged in jail for the last three years and four months and the prosecutrix has already been examined in court and has not supported the case of the prosecution and she was a consenting party as she stayed with the appellant for 3-4 days and the DNA is also nagative. Thus, it is submitted that there is no possibility of 2 Cr.A. 142 of 2021

early hearing of this criminal appeal before this Court, hence it is prayed that custodial sentence of the appellant be suspended during the pendency of this criminal appeal.

Counsel for the respondent/State, on the other hand, has opposed the prayer and prayed for its rejection.

On due consideration of the rival submissions of the parties, on perusal of the record including the deposition of the prosecutrix, without commenting on the merits of the case, this Court finds force with the contention raised by the counsel for the appellant. Thus, it would be expedient to suspend the jail sentence of the appellant. Accordingly, the application I.A.No.4824/2022 is allowed.

It is directed that on furnishing a personal bond by the appellant in the sum of Rs.50,000/-(Rupees Fifty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his 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 30.6.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

(Subodh Abhyankar) JUDGE moni

Digitally signed by MONI RAJU Date: 2022.04.08 16:36:59 +05'30'