Ajay Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 8014 MP

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                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                              CRA No. 4765 of 2022
                                                      (AJAY PATEL Vs THE STATE OF MADHYA PRADESH)

                                  Dated : 17-06-2022


                                        Shri Anil Khare, learned senior counsel with Shri Dilip Kumar Patel,
                                  learned counsel for the appellant.
                                        Shri Pradeep Gupta, learned G.A. for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A.No.10007/2022, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Ajay Patel and release him on bail.

This appeal has been preferred against the judgment dated 27/05/2022 passed by VIII Additional Session Judge, Jabalpur (M.P.) in Session Trial No.453/2017 whereby learned Additional Session Judge found the appellant guilty for the offence punishable under Section 376(2)(n) of the IPC and

sentenced him to undergo R.I. for 10 years with fine of Rs.5,000/- with default clause.

As per prosecution case appellant sexually exploited the prosecutrix on the pretext of marriage and thereafter he denied to marry her.

Learned counsel for the appellant submitted that learned trial Court without appreciating the evidence properly, wrongly convicted the appellant for Signature Not Verified SAN the aforesaid offences. The prosecutrix was major and made sexual relation with applicant on her own will, thereafter she lodged false report against the Digitally signed by ANURAG SONI Date: 2022.06.17 16:24:23 IST

appellant. The appellant is in custody since the date of judgment i.e. 27/05/2022. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

O n the other hand, learned counsel for the respondent opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Looking to the facts and circumstances of the case, the contention of learned counsel for the appellant, the statement of the prosecutrix and the fact that it is alleged that for the first time appellant made sexual relation with the

prosecutrix in the year 2015, while she lodged the report in the year 2017, prosecutrix was major, the appellant is in custody since the date of judgment i.e. 27/05/2022 and according to listing policy the hearing of this appeal will take time, the application filed by the appellant is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 21/11/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the matter for final hearing in due course. C.C. on payment of usual charges.

Signature Not Verified SAN

(RAJEEV KUMAR DUBEY) Digitally signed by ANURAG SONI Date: 2022.06.17 16:24:23 IST JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2022.06.17 16:24:23 IST