Madhya Pradesh High Court
Than Singh vs The State Of Madhya Pradesh on 8 February, 2022
Author: Anjuli Palo
1
The High Court Of Madhya Pradesh
CRA No. 1933 of 2021
(THAN SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-02-2022
Heard through Video Conferencing.
Mr. B.R. Pandey, learned counsel for the appellant.
Ms. Priyanka Jain, 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.4616/2021, which is first application for suspension
o f sentence and grant of bail to the appellant who stands convicted vide
judgment dated 06.03.2021 passed by the Special Judge under the Protection
of Children from Sexual Offences Act, Itarsi in ST No.47/2019 for offences
punishable under Sections 363, 366 and 376 (2) (n) of the Indian Penal Code
and sentenced to undergo R.I. for three years, five years and ten years,
respectively, with fine of Rs.500/- on each count and stipulated default.
Learned counsel for the appellant submits that the prosecution has
failed to prove its case beyond reasonable doubt and passed the judgment
contrary to the material available on record. It is further contended that the
prosecutrix was consenting party and she got married with the appellant and
out of their wedlock, she gave birth to a baby. The prosecutrix in FIR as well
as statement under Section 161 of the Cr.P.C. stated that the appellant has
not committed rape with her in fact she married him. Even in their testimony
before the Court the prosecutrix and her mother have not supported the case
of the prosecution. The appellant was in custody from 28.02.2019 till
18.01.2021 for a period of one year ten months and 21 days and thereafter
from the date of judgment i.e. 06.03.2021 till today. 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 appellant and perused the record.
The prosecutrix has given birth to a baby out of her wedlock with the
appellant. The prosecutrix as well as her mother did not support the
prosecution case. Hence, considering the facts and circumstances of the case
and taking into account the custody period undergone by the appellant,
without commenting upon the merits of the case, I.A. No.4616/2021 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- Than Singh 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 04.07.2022 and on
all subsequent dates, as may be fixed in this regard during the pendency of
this appeal.
Accordingly, I.A.No.4616/2021 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: 2022.02.10 17:33:40 IST
