Arjun vs The State Of Madhya Pradesh
2022 Latest Caselaw 8848 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT INDORE
                                                               CRA No. 2955 of 2022
                                                          (ARJUN Vs THE STATE OF MADHYA PRADESH)

                                    Dated : 04-07-2022
                                          Shri Himanshu Joshi, learned counsel for the appellant.

                                          Ms. Archana       Maheshwari,     learned   Public   Prosecutor   for   the
                                    respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Heard on I.A.No.4501/2022, which is an application filed under Section

389(1) of Cr.P.C, for suspension of jail sentence moved on behalf of the appellant - Arjun.

Appellant has been convicted for the offence punishable under Section convicted u/S 376 of IPC and sentenced to undergo RI for 10 years with fine of Rs.5,000/- with default stipulation vide judgment of conviction and order of sentence dated 22.02.2022 passed in ST No. 300228/2014.

Learned counsel for the appellant submits that prosecutrix who is sister of appellant's sister-in-law and major lady lodged an FIR after two days of the incident that appellant alongwith his wife, brother, sister-in-law i.e. sister of

prosecutrix and alongwith other family members kidnapped and abducted her and thereafter, appellant committed rape upon her. Prosecution story in itself appears unnatural as the allegation with regard to commission of rape in the presence of his own wife is highly doubtful. All the other co-accused persons including appellant admitted that there was a dispute between the appellant's Signature Not Verified SAN sister-in-law with her sister, due to whcih appellant and his family members were Digitally signed by VIBHA PACHORI Date: 2022.07.05 10:08:52 IST falsely implicated in the matter. Appellant is in custody since 22.02.2022. There

is no likelihood of hearing of the appeal in near future. With the aforesaid, prayer is made for suspension of the remaining custodial period of the appellant and grant of the bail to the appellant.

Learned Panel Lawyer for the respondent/state opposes the prayer for suspension of remaining jail sentence with the submission that statement of prosecutrix is supported by FSL report. Hence, no case for suspension of sentence and grant of the bail to the appellant is made out .

Having considered the rival submission, age of the prosecutrix, material pointed out by counsel for the appellant, the fact that out of 18 accused persons, only appellant has been convicted in the case and also looking to the

period of custody already suffered by the appellant, 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.4501/2022 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 13.09.2022 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.

Signature Not Verified SAN

(SATYENDRA KUMAR SINGH) Digitally signed by VIBHA PACHORI Date: 2022.07.05 10:08:52 IST JUDGE

Vibha

Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2022.07.05 10:08:52 IST