Raghvendra Narwariya vs The State Of Madhya Pradesh
2022 Latest Caselaw 8126 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                              CRA No. 3959 of 2022
               (RAGHVENDRA NARWARIYA Vs THE STATE OF MADHYA PRADESH)

Dated : 20-06-2022

      Shri Rajmani Bansal, learned counsel for the appellant.

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

Heard on IA.No.9202/2022, second application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of

appellant- Raghvendra Narwariya. First application was dismissed as withdrawn by order dated 02.06.2022.

Allegation against the present appellant is that on 13.3.2017, he kidnapped the prosecutrix aged under 18 years and committed rape with her. On 15/3/2017, FIR was lodged by the prosecutrix. In her report dated 15/3/2017, she has stated that nobody committed any wrong act with her. Upon her report, Crime No.31/2017 was registered for the offences punishable under Section 366 of IPC at Mahila Thana, Gwalior. Later on statements were recorded. In her statement under Section 161 of Cr.P.C., prosecutrix narrated

the incident. After trial, co-accused Arun Pal was acquitted but appellant/accused vide judgment dated 12.04.2022 was convicted for the offence under Section 376 (2) of the IPC for ten years RI with fine of Rs.5,000/-.

It is submitted by learned counsel for the appellant that the appellant has been falsely implicated by the police/investigating agency. Appellant is in custody since the date of impugned judgment i.e. 12.4.2022. During trial he remained in custody for about 5 years in custody. 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.9202/2022 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.50,000/- (Rupees Fifty 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

AKS ALOK KUMAR 2022.06.20 18:26:51 +05'30' 11.0.23