Madhya Pradesh High Court
Manish Shakyawar vs The State Of Madhya Pradesh on 14 March, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.331/2022
(Manish Shakyawar Vs. State of M.P.)
Indore : Dated 14.3.2022
Shri Dharmendra Keharwar, learned counsel for the appellant.
Ms. Bharti Lakkad, learned Dy.Govt.Advocate for the
respondent/State.
Shri Kshitij Vyas, learned counsel for the objector.
Heard on I.A.No.934/2022, an application for suspension of
sentence and grant of bail to appellant.
The trial Court has convicted the appellant under Section 363 of
IPC and sentenced to undergo seven years' RI with fine of Rs.2,000/- and
under Section 366A of IPC and sentenced to undergo ten years' FIR with
fine of Rs.2,000/-, with default stipulation vide judgment of conviction
and order of sentence dated 21.12.2021 passed by 1 st Addl.Sessions
Judge, Biaora, District Rajgarh in S.T. No.200035/2016.
Prosecution story, in brief, is that appellant kidnapped/abducted
the minor prosecutrix aged about 16 years and committed rape upon her
repeatedly.
Learned counsel for the appellant referring to the prosecutrix's
Samagra ID Ex.D/1 submits that prosecutrix was major at the time of
incident and her date of birth in the aforesaid card was shown as
9.9.1997. learned counsel for the appellant further submits that
prosecution has submitted a scholar register entry Ex.P/7, which is of 9 th
standard and on the basis of this learned counsel for the appellant
submitted that learned trial Court has committed error in holding that she
was minor at the time of incident. No other evidence has been produced
by the prosecution in this regard. Prosecutrix as well as her parents have
also not supported the prosecution story. Appellant and prosecutrix have
solemnized marriage and living together. There is no likelihood of
hearing of appeal in near future. In view of aforesaid, learned counsel for
the appellants prays for suspension of remaining jail sentence and grant
of the bail to the appellants.
(Manish Shakyawar Vs. State of M.P.)
Learned counsel appearing for the respondent/State has opposed
the prayer.
Considering the material produced on record especially the
documents with regard to date of birth of the prosecutrix and considering
the statements of prosecution witnessed and considering the fact that
there is no likelihood of hearing of appeal in near future, without
expressing any opinion on merits of the matter I.A.No.934/2022 is
allowed and jail sentence of the appellants shall remain suspended.
It is directed that subject to depositing the fine amount, if already
not deposited, they shall be released on bail, on furnishing a personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each
along with separate solvent sureties in the like amount to the satisfaction
of trial Court, for their appearance before the Registry of this Court firstly
on 09.05.2022, and on such other dates, as may be fixed by the
Registry in this regard, till final disposal of this appeal.
I.A.No.934/2022 is allowed.
List the matter for admission alongwith record.
C.C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.03.15
12:08:52 +05'30'
