Chirag @ Imran @ Sheikh Saleem vs The State Of Madhya Pradesh
2022 Latest Caselaw 251 MP

                                  1                               CRA-1175-2020
        The High Court Of Madhya Pradesh
                 CRA No. 1175 of 2020
         (CHIRAG @ IMRAN @ SHEIKH SALEEM Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 05-01-2022
      Mr. V.C. Rai, learned counsel for the appellant.

      Ms.      Pushpanjali   Dwivedi,    learned    Panel    Lawyer        for   the
respondent/State.

He a r d on I.A.No.22247/2021 which is second application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment dated 05.12.2019 passed by 2nd Additional

Sessions Judge, Itarsi, district - Hoshangabad in ST No.14/2018 for offences punishable under Section 376 (1) of the Indian Penal Code and sentenced to undergo R.I. for seven years and fine of Rs.1,000/- and default stipulation. His first application I.A. No.2180/2020 was dismissed as withdrawn vide order dated 25.09.2020.

Learned counsel for the appellant submits that the trial Court has not considered the evidence on record properly. It is further submitted that there was friendship between the appellant and the prosecutrix and it is a matter of consent. It is also contended that from the statement of the prosecutrix itself

it is apparent that the prosecutrix was a consenting party. It is also submitted 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 appellant remained in custody for six months and twelve days before passing the judgment and thereafter he is in custody since 05.12.2019. At the time of the incident, the prosecutrix was aged about 19 years. From the statement of the prosecutrix, her consent is reflected.

Hence, in view of the above, considering the facts and circumstances of the case and taking into account the custody period of the appellant, 2 CRA-1175-2020 without commenting upon the merits of the case, I.A. No.22247/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty 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-Chirag @ Imran @ Sheikh Saleem 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 27.04.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.22247/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

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Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.01.05 18:44:56 IST