Mithun vs The State Of Madhya Pradesh
2022 Latest Caselaw 902 MP

1                           Cr.A.No.625/2018
                   (Mithun and another Vs. State of M.P.)

Indore : Dated 19.1.2022
      Shri M.I.Ansari, learned counsel for the appellant No.1 Mithun.
      Shri Gopal Yadav, learned Panel Lawyer for the respondent/State.

Heard through video conferencing.

Heard on I.A.No.1076/2020, an application under Section 389(1) of Cr.P.C.for suspension of sentence filed on behalf of appellant No.1 Mithun.

Learned counsel for the appellant submits that his earlier first application filed under Section 389(1) of Cr.P.C.was dismissed as withdrawn vide order dated 24.4.2019.

The appellant has been convicted under Section 376, 366/34, 306 of IPC and sentenced to undergo seven years RI with fine of Rs.5,000/- each with default stipulation vide judgment of conviction dated 9.1.2018 passed by Addl. Sessions Judge, Manawar, District Dhar in Special Case No.54/2015.

Learned counsel for the appellant submits that appellant has suffered till now five years imprisonment out of seven years, which is more than half of the sentence awarded to him. Learned counsel for the appellant referring to the statements of prosecutrix's father (PW-1), sister (PW-6) and other prosecution witnesses, none of them have supported the prosecution story. All of them have specifically admitted that FIR was lodged on the instance of Jam Singh and Antar Singh, due to prior enmity. Conviction is based only on the basis of prosecutrix's statement recorded under Section 164 of Cr.P.C. There is no likelihood of early conclusion of the trial. Therefore, in the aforesaid change circumstances prays for suspension of sentence and enlargement of applicant on bail, on such terms and conditions this Court deems fit and proper.

Per contra, learned Panel Lawyer opposes the prayer for suspension of sentence and submits that prosecution case is supported by medical evidence, the trial Court has rightly convicted the appellant.

(Mithun and another Vs. State of M.P.)

After considering the rival submissions and the material pointed out by learned counsel for the appellant and also considering the fact that appellant has already suffered five years of sentence out of seven years, final conclusion of the appeal will take considerable long time, but without commenting on merits of the case application is allowed.

It is directed that jail sentence of the appellant shall remain suspended subject to deposit of fine amount, if not already deposited, and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court. The appellant is directed to appear before the Registry of this Court on 7.3.2022 and on other subsequent dates as may be fixed in this behalf.

Accordingly, the IA stands disposed of.

Certified copy as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.01.20 09:58:39 +05'30'