Dubelal vs The State Of Madhya Pradesh
2022 Latest Caselaw 10309 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 5495 of 2019
                                               (DUBELAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-07-2022
                                Shri Amit Singh Chauhan, learned counsel for the appellant.

                                Shri    Sudhanshu      Vyas,       learned   Public   Prosecutor   for   the
                          respondent/State.

I.A. No. 7284/2022 for urgent hearing is allowed and closed. Further heard on I.A.No.3652/2022, which is an application filed under Section 389(1) of Cr.P.C, for suspension of jail sentence moved on behalf of

the appellant - Dubeylal.

Appellant has been convicted for the offence punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012 and u/S 363 and 366 of IPC and sentenced to undergo RI for 10 years with fine of Rs.800/-, RI for 03 years with fine of Rs. 500/- and RI for 04 years with fine of Rs. 700/- with default stipulation vide judgment of conviction and order of sentence dated 03.06.2019 passed in ST No. 26/2016.

Prosecution story in brief is that appellant kidnapped/abducted minor prosecutrix and thereafter committed rape upon her.

Learned counsel for the appellant submits that prosecution has not produced any material evidence about age of the prosecutrix except school scholar register entry. It is not brought on record as on what basis her date of birth is written as 01.01.2001 therein. It is evident from the statement of prosecutrix that she was consenting party. Appellant has already suffered about 5 years and 10 months of custody out of the sentence awarded to him. There is no likelihood of hearing of the appeal in near future. With the aforesaid, Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/30/2022 12:19:17 PM

prayer is made for suspension of the remaining custodial period of the appellant and grant of the bail to the appellant.

Learned counsel for the respondent/state opposes the prayer for suspension of remaining jail sentence with the submission that prosecutrix was minor at the time of incident and offences alleged against the appellant are serious in nature. Hence, no case for suspension of sentence and grant of the bail to the appellant is made out .

Having considered the rival submission, evidence of prosecutrix and the period of custody suffered by the appellant which is more than 50% , this Court is of the considered view that it is a fit case for suspension of the sentence and

grant of bail to the appellant. Hence, without expressing any opinion on merits of the matter I.A.No.3652/2022 is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited he shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/-(rupees fifty thousand only) along with a solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court firstly on 29.09.2022 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

List for final hearing in due course.

C.c. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

sh

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/30/2022 12:19:17 PM