Raju Alone vs The State Of Madhya Pradesh
2022 Latest Caselaw 1693 MP

                                  1
          The High Court Of Madhya Pradesh
                   CRA No. 1022 of 2021
                   (RAJU ALONE Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-02-2022
      Heard through Video Conferencing.

      Mr. P.S. Chouhan, learned counsel for the appellant.
      Mr. Yogesh Mishra, 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.2512/2021 which is first application for suspension of

sentence and grant of bail to the appellant who stands convicted vide judgment dated 09.02.2021 passed by the Special Judge O.A.W/ 2nd Additional Sessions Judge, Betul in ST No.133/2018 for offences punishable under Sections 450 and 376 (1) of the Indian Penal Code and sentenced to undergo R.I. for ten years and ten years, respectively and fine of Rs.2,000/- and Rs.2,000/-, respectively and default stipulation.

Learned counsel for the appellant submits that the findings recorded vide impugned judgment are perverse as contrary to the material available on record. The Court below has not considered the contradictions and

omissions in the statements of the prosecution witnesses. The doctor has not found any external or internal injuries on the body of the prosecutrix. It is further contended that the appellant had already remained in custody from 31.07.2018 till 27.10.2018 (89 days) and thereafter from the date of the judgment i.e. 09.02.2021 till today. During trial also he was on bail but he did not misuse his liberty. The final disposal of this appeal would take considerable time, hence, the 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 prosecutrix is a major and married lady. Some material is available

against the prosecution case. Hence, considering the facts and circumstances of the case and custody period, without commenting upon the merits of the case, I.A. No.2512/2021 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- Raju

Alone 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 01.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.2512/2021 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: 2022.02.08 17:03:12 IST