Jagan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7691 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT INDORE
                                                                  CRA No. 8124 of 2021
                                                            (JAGAN Vs THE STATE OF MADHYA PRADESH)

                                    Dated : 13-06-2022
                                             Shri Aditya Choudhary, learned counsel for the appellant.

                                             Shri Vishal Sanothiya, learned Govt.Advocate for the respondent/State.

Heard on I.A.No.30294/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of sentence filed on behalf of appellant - Jagan.

The trial Court has convicted the appellant under Sections 363, 376(1)

and 506 of IPC and sentenced him to undergo 07 years RI with fine of Rs.5000/- and 02 years' RI with fine of Rs.3,000/- with default stipulation, vide judgment of conviction and order of sentence dated 13.07.2021 passed by Special Judge (OAW), Indore District Indore in S.T.No.340/2017.

Prosecution case, in brief, is that when prosecutrix went towards well for taking water, appellant came there and pressed her mouth. Thereafter, committed rape upon her.

Learned counsel for the appellant submits that prosecutrix was major married lady at the time of incident. FIR is delayed about 3 days without

reasonable cause. During medical examination, no internal or external injury was found on her body. There was a civil dispute between appellant and prosecutrix's family, due to which appellant has been falsely implicated in the matter. Hence, learned trial Court has committed error in holding the appellant guilty. Moreso, appellant has suffered more than 50% of sentenced awarded to Signature Not Verified SAN him. There is no likelihood of early conclusion of the trial. Therefore, in the Digitally signed by VIBHA PACHORI Date: 2022.06.14 11:11:40 IST aforesaid circumstances prays for suspension of sentence and enlargement of

appellant on bail, on such terms and conditions this Court deems fit and proper.

Per contra, learned Govt.Advocate opposes the prayer for suspension of sentence and submits that appellant and prosecutrix are close relative. There is no reason to disbelieve the statement of the prosecutrix made against the appellant, therefore, the trial Court has rightly convicted the appellant.

Heard learned counsel for both parties and perused the record. Having heard rival submissions of parties, period of custody of the appellant which is more than 50% of the sentence awarded to him as well as there is no likelihood of early hearing of the appeal, so also considering overall facts and circumstances of the case, but without commenting on merits of the

case, application is allowed.

It is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 20.08.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.30294/2021 is allowed.

List for final hearing in due course.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Vibha

Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2022.06.14 11:11:40 IST