Chandrabhan Singh @ Chandrapal ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 1619 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 2786 of 2020
    (CHANDRABHAN SINGH @ CHANDRAPAL SINGH BHADAURIYA Vs THE STATE OF MADHYA
                                  PRADESH)

Jabalpur, Dated : 04-02-2022
      Heard through Video Conferencing.

      Mr. B.P. Pandey, learned counsel for the appellant.
      Ms. Papiya Ghosh, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing.

Heard on I.A.No.5606/2020 which is first application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment dated 25.01.2020 passed by the Special Judge under Protection of Children from Sexual Offences Act, Satna in Special Case No.126/2018 for offences punishable under Sections 342 and 354 of the Indian Penal Code and Section 10 of the Protection of Children from Sexual Offences Act and sentenced to undergo R.I. for six months and five years, respectively with fine of Rs.500/- and Rs.2,000/-, respectively and default stipulation.

Learned counsel for the appellant submits that the trial Court has not

considered the evidence on record properly. It is further contended that there is no direct evidence against the appellant. The doctor did not find any injuries on the prosecutrix. It is also submitted that at the time of the incident the appellant was aged about 62 years. The appellant has already served custody about more than three years. Hence, it is prayed that substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

I have heard learned counsel for the parties and perused the record. The appellant has been convicted on the basis of DNA report wherein it has been mentioned that Y-chromosome STR obtained from the sample i.e. the top of the prosecutrix (B) match with the DNA profile of the appellant. The appellant has not been convicted for offence of committing the rape. Hence,

keeping in view the custody period of the appellant and his age as well as considering the facts and circumstances of the case, without commenting upon the merits of the case, I.A. No.5606/2020 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a Surety in the like amount to the satisfaction of the

trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Chandrabhan Singh @ Chandrapal Singh Bhadauriya shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 30.06.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.5606/2020 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.02.04 18:13:59 IST