Madhya Pradesh High Court
Govind vs The State Of Madhya Pradesh on 29 June, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.7081/2021
(Govind Vs. State of M.P.)
Indore : Dated 29.6.2022
Shri Sunil Gupta, learned counsel for the appellant.
Shri Shaswat Seth, learned Panel Lawyer for the
respondent/State.
Shri Aditya Choudhary, learned counsel for the
objector/complainant.
Heard on admission.
Appeal is admitted for final hearing.
Also heard on I.A.No.28965/2021, application for grant of
suspension of sentence filed on behalf of appellant.
The trial Court has convicted the appellant under Section 376 IPC
and sentenced to undergo ten years' RI with fine of Rs.2,000/-, with
default stipulation, vide judgment of conviction and order of sentence
dated 22.11.2021 passed by Addl.Sessions Judge, Barnagar, District
Ujjain in S.T.No.47/2018.
Learned counsel for the appellant referring to the FIR Ex.P/1,
statement of the prosecutrix recorded under Section 164 of Cr.P.C.as
well the statement recorded during trial as PW-1, submits that her version
with regard to the incident are different. She in her statement recorded
under Section 164 of Cr.P.C.has not made any allegation with regard to
commission of offence of rape. Her statements are contradictory on the
point of place of incident also. She was admittedly major at the time of
incident. In the aforesaid circumstances learned trial Court has committed
error in holding appellant guilty for the aforesaid offence. He is in
(Govind Vs. State of M.P.)
custody since 26.11.2021. There is no likelihood of hearing of appeal in
near future. In view of aforesaid, learned counsel for the appellant prays
for suspension of remaining jail sentence and grant of the bail to the
appellant.
Learned counsel for the respondent/State has opposed the prayer.
Having considered the rival submissions, FIR, statement of the
prosecutrix recorded under Section 164 of Cr.P.C.and also statement
recorded during trial and overall material produced on record, there is no
likelihood of hearing of appeal in near future, but without expressing any
opinion on merits of the case, the application I.A.No.28965/2021 is
allowed and jail sentence of the appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if already
not deposited, he shall be released on bail, on his 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 25.7.2022,
and on such other dates, as may be fixed by the Registry in this regard,
till final disposal of this appeal.
I.A.No.28965/2021 is allowed.
List for hearing in due course.
C.C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.06.30
10:07:26 +05'30'
