Harprasad Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 79 MP

Citation : 2022 Latest Caselaw 79 MP
Judgement Date : 3 January, 2022

Madhya Pradesh High Court

Harprasad Patel vs The State Of Madhya Pradesh on 3 January, 2022

Author: Virender Singh

HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No.6804/2021 (Harprasad Patel vs. State of Madhya Pradesh)

Jabalpur, dated : 03.01.2022.

Shri Dinesh Prasad Patel, counsel for the appellant/applicant. Shri Shailendra Khampariya, Panel Lawyer for the State. Heard.

Admit.

Also heard on I.A.No.20238/2021 which is the first application under Section 389 (1) CrPC for suspension of custodial sentence.

2. Applicant has been convicted under Section 376(2)(n) of IPC and sentenced to undergo RI for 10 years and fine of Rs.2,000/-; in default of payment of fine to undergo 2 months additional imprisonment.

3. Learned counsel for the applicant submitted that the prosecutrix went with the applicant on her own will, she was also major but due to pressure of her parents she has made false allegations against him. It is also submitted that he is ready to furnish adequate surety. Therefore, his sentence be suspended.

4. Learned counsel for the State objected the application.

5. The trial Court has not found the prosecutrix minor. Looking to the appreciation of evidence in paragraph 16-18 of the impugned judgment regarding the age of the prosecutrix and also the statement of the prosecutrix, the allegation made against the appellant and other facts and circumstances of the case, as also the fact that the appeal will take time to be heard finally but without commenting on the merits of the case, I.A.No.20238/2021 is allowed.

6. It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with separate surety bond in the like

amount to the satisfaction of the trial Court for his appearance before the trial Court on 05.04.2022 and on all subsequent dates as may be fixed by the trial Court in that regard, the appellant/applicant namely Harprasad Patel be released on bail and his substantive sentence under appeal shall remain suspended.

7. In the event of non-appearance of the appellant/applicant, the trial Court shall be at liberty to take coercive action against him to secure his presence under intimation to this Court.

8. Let the appeal be listed for final hearing in due course.

(VIRENDER SINGH) JUDGE anand Digitally signed by ANAND KRISHNA SEN Date: 2022.01.04 11:15:57 +05'30'