Mahendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 9603 MP

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                               CRA No. 2608 of 2022
                                       (MAHENDRA Vs THE STATE OF MADHYA PRADESH)

                Dated : 13-07-2022
                          Ms Sangeeta Parsai, learned counsel for the appellant.

                          Shri Shashwat Seth, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Further, heard on I.A.No.4006/2022, which is first application filed under Section 389(1) of Cr.P.C, for suspension of jail sentence moved on

behalf of the appellant - Mahendra Appellant has been convicted for the offence punishable under Section u/S 366 and 376(2)(n) of IPC and sentenced to undergo RI for 10 years with fine of Rs.1,000/-,and further RI for 10 years with fine of Rs. 1,000/- with default stipulation vide judgment of conviction and order of sentence dated07.02.2022 passed in ST No. 84/2015.

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

Learned counsel for the appellant submits that admittedly prosecutrix was

major married lady at the time of incident. It is apparent from her statement that she volutarily went with the appellant in search of job. Recording of her conversation with the appellant has not been exhibited in the matter. FIR is delayed by 3 months without any reasonable cause. Appellant has been falsely implicated in the matter. Even otherwise, he is in custody since 26.07.2015 and Signature Nothas suffered Verified about 06 year and 10 months of jail incarceration out of total Signed by: SEHAR HASEEN sentence of 10 years awarded. There is no likelihood of hearing of the appeal in Signing time: 7/14/2022 11:42:52 AM

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 as well as learned counsel for the complainant vehemently oppose the prayer for suspension of remaining jail sentence with the submission that 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 submissions of learned counsel for the parties, age of the prosecutrix, material pointed out by learned counsel for the appellant, so also the period of custody suffered by the appellant which is more than 50%

of the total sentence awarded, 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.4006/2022 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 28.09.2022 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)
Signature Not Verified                                                     JUDGE
Signed by: SEHAR
HASEEN          sh
Signing time: 7/14/2022
11:42:52 AM