Pankaj Gaur vs The State Of Madhya Pradesh
2022 Latest Caselaw 364 MP

                                  1                               CRA-1518-2015
        The High Court Of Madhya Pradesh
                 CRA No. 1518 of 2015
             (PANKAJ GAUR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-01-2022
      Mr.Satyam Agrawal, learned counsel for the appellants.

      Mr.S.K.Malvi, learned Panel Lawyer for the respondent/State.

Considered I.A.No.992/2020, which is fourth application under section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant No.1-Pankaj Gaur.

First application being I.A.No.8249/2016 has been dismissed on

099.2016. Second and third applications registered as I.A.No.18206/2017 & I.A.No.2085/2019 have been dismissed as withdrawn.

Vide impugned judgment dated 26.5.2015 passed by Special Judge (SC/ST), Sehore in Special Case no.24/2015 the appellant No.1 has been convicted for offence under section 376(D) and 506 Part-II of the Indian Penal Code and sentenced to undergo R.I. for 20 years and 1 year and fine of Rs.10,000/- & Rs.1,000/- with default stipulations.

Learned counsel for the appellant submitted that appellant No.1 is innocent and has been falsely implicated in the crime in question. The trial

Court has not properly appreciated the oral and documentary evidence available on record. It is clear case of consent of the prosecutrix as there was love relationship between appellant no.1 and the prosecutrix. The doctor did not find any external or internal injury on the person of the prosecutrix. The trial Court ought to have appreciated the statements of DW-1 & DW.2. The disposal of instant criminal appeal would take considerable time.

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

Considering the over all facts and circumstances of the case; taking into the custody period of appellant/applicant from 21.2.2015 to 26.5.2015 and from the date of judgment i.e. 26.5.2015; the love letter (Exhibit-D-1); and disposal of instant appeal would take considerable time, without commenting 2 CRA-1518-2015 on merits of the case, the application for suspension of sentence is allowed.

It is directed that on depositing fine amount, if not already deposited, 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 up o n appellant No.1- Pankaj Gaur shall remain suspended during the

pendency of this case and he be released on bail.

The appellant No.1 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.992/2020 stands disposed of.

                                             List the case for hearing in due course


                                          (SUJOY PAUL)                                       (SMT. ANJULI PALO)
                                             JUDGE                                                 JUDGE

                                     RM




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Digitally signed by RAJESH MAMTANI
Date: 2022.01.10 18:41:13 IST