Gyani vs The State Of Madhya Pradesh
2022 Latest Caselaw 1166 MP

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        The High Court Of Madhya Pradesh
                 CRA No. 5202 of 2021
                (GYANI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 25-01-2022
      Heard through Video Conferencing.

      Mr. Paraskant Jain, learned counsel for the appellant.
      Ms.    Pushpanjali      Dwivedi,   learned    Panel    Lawyer   for   the
respondent/State.

Record of Court below is available.

Heard on the question of admission.

The appeal is admitted for hearing.

Also heard on I.A.No.17407/2021, an application under section 389(1) o f Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant - Gyani.

By the impugned judgment dated 05.03.2021 passed in Special Case No.12/2016, the Additional Sessions Judge Amarwada, Chhindwada (M.P.) convicted the appellant under Section 366, 376(1), 506 Part-II of the IPC and sentenced to undergo R.I. for 7 years, 10 years and 03 years with fine of Rs.1000/-, Rs.2000/- and Rs.200/- respectively with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the evidence available on record and proceeded to passed the impugned judgment. At the time of incident, prosecutrix was aged about 17 years, 11 months and 7 days. Doctor did not find any internal and external injuries on the body of the prosecutrix. The appellant is in jail since 05.06.2016. The final disposal of instant appeal would take considerable time. Therefore, prayer has been made to suspend the jail sentence of the appellant.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Looking to the overall facts and circumstances of the case, without commenting on merits of the case, the application is allowed.

I t is directed that on depositing the fine amount, if not already deposited, and 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- Gyani shall remain suspended during

the pendency of this case and he be released on bail.

The appellant shall appear before the trial Court on 23.06.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.17407/2021 stands disposed of. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.01.27 18:34:16 IST