Moolchand vs The State Of Madhya Pradesh
2022 Latest Caselaw 3843 MP

1                           Cr.A.No.3479/2021
                        (Moolchand Vs. State of M.P.)

Indore : Dated 21.3.2022
      Shri Dharmendra Khanchandani, learned counsel for the appellant.
      Shri    Hemant     Sharma,     learned    Govt.Advocate   for     the
respondent/State.

Heard on I.A.No.14007/2021, application for suspension of sentence and grant of bail to appellant.

The trial Court has convicted the appellant under Section 376 of IPC and sentenced to undergo ten years' RI with fine of Rs.25,000/-, with default stipulation vide judgment of conviction and order of sentence dated 2.3.2021 passed by 1st Addl.Sessions Judge, Narsinghgarh, District Rajgarh in S.T. No.301290/2016.

Prosecution case, in brief, is that on 6.8.2016 appellant forcefully committed sexual intercourse with the prosecutrix and threatened her.

Learned counsel for the appellant submits that prosecutrix is a major married lady aged about 40 years. FIR was delayed by two days without having reasonable cause. There are several contradictions and omissions in the statement of the prosecutrix. No external and internal injuries were found on the body of the prosecutrix. Learned trial Court has committed an error in holding the appellant guilty for the aforesaid offences. Learned counsel for the appellant further submits that the trial Court has not properly appreciated the evidence available on record. The appellant was on bail during trial and they has not misused the liberty granted to them. 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 appearing for the respondent/State has opposed the prayer.

Considering the rival submissions, the sentence imposed on the appellant and also other facts and circumstances of the case and there is no likelihood of hearing of appeal in near future, without expressing any

(Moolchand Vs. State of M.P.)

opinion on merits of the matter I.A.No.14007/2021 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 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.14007/2021 is allowed.

List in due course for final hearing.

C.C. as per rules.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2022.03.21 16:23:32 +05'30'