Tilak Singh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 7882 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                              CRA No. 1 of 2022
                 (TILAK SINGH YADAV Vs THE STATE OF MADHYA PRADESH)

Dated : 15-06-2022
      Shri Rajmani Bansal, learned counsel for the appellant.

      Shri    Pramod     Pachauri,       learned   Public   Prosecutor   for    the
respondent/State.

Heard on IA.No.5143/2022, second application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Tilak Singh Yadav. First application has been dismissed as

withdrawn.

In brief, prosecution case is that prosecutrix aged about 28 years lodged a report at police Station Bhander against appellant- Tilak Singh to the effect that she was travelling in the vehicle of the appellant. After other passengers got down at Sunari, she was alone in the vehicle beside the appellant. After covering distance of about one kms, he stopped the vehicle and took her in a field and committed sexual intercourse with her. Afterwards he left her near school and went away. Her husband used to work at Ganganagar. She along with her father-in-law and mother-in-law lodged the report. On her report, crime for the

offence under Sections 376, 506(B) of IPC was registered. After trial, appellant/accused vide judgment dated 30.11.2021 was convicted for the offence under Section 376(1) of IPC for ten years RI with fine of Rs.1,000/-.

It is submitted by learned counsel for the appellant that during trial appellant remained in custody from 24.11.2014 to 6.1.2015 and after judgment dated 30.11.2021 till today he is in custody. During trial he was on bail, but he did not misuse the liberty so granted. Amount of fine has been deposited by

him. He has a good case on merits. Final hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.5143/2022 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for

his appearance before the Principal Registrar of this Court on 12th December, 2022 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

MADHU SOODAN PRASAD 2022.06.16 10:04:17 +05'00'