Madhya Pradesh High Court
Ramsingh vs The State Of Madhya Pradesh on 26 April, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 544 of 2018
(RAMSINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 26-04-2022
Mr. Pradeep Naveria, learned counsel for the appellant.
Mr. Arvind Singh, learned Government Advocate for the State.
Record of the Court below is available.
Heard on I.A. No.719/2022 which is second application filed by the
appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and
grant of bail. His earlier application has been dismissed on merits vide order dated
06.03.2019
.
The appellant has been convicted by the impugned judgment and conviction
dated 11.12.2017 passed by Special Judge, Chhatarpur (M.P.) in Special Case
No.76/2016 whereby the appellant has been convicted for offences punishable
under Section 363, 366 and 376 (2)(jha) of IPC and Section 3 r/w Section 4 of
POCSO Act, 2012 and sentenced to undergo RI for 3 years, 4 years, 10 years and
10 years with fine of Rs.500/-, Rs.500/-, Rs.1000/- and Rs.1000/- respectively,
with default stipulations.
Learned counsel for the appellant submits that the findings recorded by the
trial Court are perverse in the impugned judgment. The trial Court has not
considered the evidence on record. Appellant has served sentence of more than 4
years with remission 07 years 10 months and 27 days. He is first offender. The
final disposal of this appeal would take considerable time, therefore, the jail
sentence of the appellant may be suspended and he may be released on bail.
Learned Government Advocate has opposed the application for suspension
of sentence and grant of bail.
As per prosecution case, at the time of incident, the age of the appellant was
about 19 years and the prosecutrix was minor. FSL report is positive. The
appellant has served sentence of more than four years with remission 7 years 10
months and 27 days. Therefore, looking to the custody period and the fact that
trial would take considerable time, it is deemed appropriate to suspend the
remaining jail sentence of the appellant and to release him on bail, therefore,
without commenting on the merits of the case, this application (I.A. No.719/2022)
is allowed.
I t is directed that execution of remaining jail sentence of the appellant -
Ramsingh shall remain suspended and he shall be released on bail on his
furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand
only) with one surety in the like amount to the satisfaction of the trial Court.
Appellant shall appear before the concerned trial Court on 25.08.2022 and
on all such subsequent dates, as may be directed in this regard during the
pendency of this appeal.
List the case for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
shahina
Signature Not Verified
SAN
Digitally signed by SHAHINA KHAN
Date: 2022.04.27 17:47:53 IST
