Balram vs The State Of Madhya Pradesh
2022 Latest Caselaw 9372 MP

                                     1
    HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.5587 OF 2021
          (Balram and Another vs The State of Madhya Pradesh)

Indore, Dated 11.07.2022
      Mr. Vinod Thakur, learned counsel for the Appellants.
      Mr. Raghvendra Singh Bais, learned counsel for the
Respondent/State.

Heard on IA No.4097/2022 which is an application for urgent hearing. Keeping in view the reasons mentioned in the application, the same is allowed. Accordingly, IA No.4097/2022, stands disposed of.

Also heard on IA No.1934/2022 which is first application under Section 389(1) of the Code of Criminal Procedure, 1973, for suspension of jail sentence filed on behalf of appellant No.1 - Balram S/o Heeralal Suryawanshi who has been convicted by Additional Sessions Judge, Garoth, District-Mandsaur (MP) in ST No.388/2020 vide judgment dated 06.09.2021 and has been sentenced him as under:

               Conviction                             Sentence
     Section & Act    Imprisonment       Fine Amount      Imprisonment
                                                           in lieu of fine
        366 IPC        05 Years RI        Rs.2000/-        02 months RI.
     376 (2)(N) IPC    10 Years RI        Rs.2000/-        02 months RI.
        344 IPC        01 Year RI         Rs.1000/-        01 month RI.

    HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.5587 OF 2021

(Balram and Another vs The State of Madhya Pradesh)

Learned counsel for the appellant No.1 Balram has referred para 19 of the impugned judgment and submits that prosecutrix was not found below eighteen years of age at the time of incident. She remains in the company of appellant for a considerable period and was the consenting party. Even then the appellant was found guilty and punished for the offence punishable under the aforesaid sections. He submits that the impugned order is not sustainable and the appellant is in custody since 05.06.2018 and has completed jail sentence of four years and one month out of ten years jail sentence awarded to him. The appeal would take considerably long time for its final disposal. Hence, the sentence of appellant No.1 Balram may be suspended and he may be released on bail.

Per contra, learned counsel for the respondent/State has opposed the prayer and prays for its rejection.

Having considered the rival submissions pointed out by learned counsel for the appellant No.1, as also the age of prosecutrix at the time of incident and her statements recorded in the trial and also considering the period of custody of appellant, without commenting anything upon the merits of the case, this application is allowed.

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.5587 OF 2021 (Balram and Another vs The State of Madhya Pradesh)

It is directed that if the appellant No.1 Balram S/o Heeralal Suryawanshi furnishes the personal bond of Rs.50,000/- (Rupees Fifty thousand) and a solvent surety of like amount to the satisfaction of Trial Court, and on depositing the fine amount (if not already deposited), the remaining portion of jail sentence of appellant No.1 shall be suspended and he be released on bail for his appearance before the Registry of this Court on 02.09.2022 and thereafter on all subsequent dates as may be fixed by the Registry in this behalf. Accordingly IA No.1934/2022 stands disposed of.

This is already an admitted appeal.

Record has been received.

List the appeal for final hearing in due course. Certified copy as per Rules.

                                             (SATYENDRA KUMAR SINGH)
  Arun/-                                             JUDGE


Digitally signed by ARUN
NAIR
Date: 2022.07.11 18:53:12
+05'30'