Ashokdas Panka vs The State Of Madhya Pradesh
2022 Latest Caselaw 8197 MP

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                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                 CRA No. 7216 of 2021
                                                       (ASHOKDAS PANKA Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 21-06-2022
                                         Mr. Jagat Kumar Dehariya, learned counsel for the appellant.

                                         Ms. Shikha Baghel, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.7525/2022 which is first application filed on behalf of the appellant for suspension of sentence and grant of bail.

T h e appellant has been convicted by the impugned judgment dated 18.11.2021 passed by learned Special Judge under the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, Mandla for offences punishable under Sections 366 and 376 of the Indian Penal Code and sentenced to undergo RI for three years with fine of Rs.5,000/- and RI of seven years with fine of Rs.5,000/- with stipulated default.

Learned counsel for the appellant submits that the trial Court has not considered the evidence in proper perspective and has failed to see that the prosecutrix was a major girl and she was having love affair with the appellant. It is further contended that the prosecutrix has given evidence in favour of the appellant. It is also contended that in medical report of the prosecutrix, the

doctor did not find any internal or external injuries.The appellant has been convicted for seven years RI whereas he has already served more than four years RI and disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Signature Not Verified SAN Learned Panel Lawyer has opposed the prayer for bail. Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.06.21 18:45:29 IST Having heard learned counsel for the parties; period of jail sentence

already undergone by the appellant as well as medical report of the prosecutrix, I deem it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail. Therefore, without commenting on the merit, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant - Ashokdas Panka shall remain suspended and he shall be released on bail for securing his presence before the concerned trial Court on 03.11.2022 and on such other

dates as may be fixed in this regard during pendency of this appeal. The appellant shall regularly appear before the concerned trial Court on each and every date, as may be directed by that court, without fail.

Accordingly, the application I.A. No.7525/2022 is allowed. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.06.21 18:45:29 IST