Ramesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 4523 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                              CRA No. 1901 of 2022
                        (RAMESH Vs THE STATE OF MADHYA PRADESH)

Dated : 30-03-2022
       Mr.K.S.Jha, learned counsel for the appellant.

       Mr.Santosh Yadav, learned Deputy Government Advocate for the
respondent/State.

Heard on the question of admission.

The appeal seems to be arguable. Hence, it is admitted for hearing. Considered I.A.No.3319/2022, which is first application under section

389(1) of Cr.P.C. for suspension of sentence and grant of bail.

By the impugned judgment dated 15.2.2022 passed by Additional Judge to the Court of Additional Sessions Judge, Amarwara, District Chhindwara in Sessions Trial No.303239/2016 the appellant has been convicted for offences under sections 450, 376(1) & 506-II of I.P.C. and sentenced to undergo R.I. for 7 years, 10 years & 2 years and fine of Rs.5,000/-, Rs.5,000/- respectively with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant is in custody

since 15.2.2022. The trial Court has erroneously arrived at the conclusion without properly appreciating the oral and documentary evidence available on record. The prosecutrix was a consenting party and she resided with the appellant for long. The final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the appellant and grant him bail.

Learned Deputy Government Advocate has opposed the prayer for suspension of sentence.

Considering the over all facts and circumstances of the case; period of custody of the appellant; prosecutrix was consenting party as she resided with the appellant for long period and only thereafter lodged the F.I.R.; without commenting on merits of the case, the application for suspension of sentence is allowed.

It is hereby directed that the jail sentence of appellant-Ramesh shall remain

suspended during pendency of this appeal and he shall be released on bail, on depositing fine amount, if not already deposited and on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellant shall appear before the trial Court on 03.08.2022 and on all such subsequent dates, as may be fixed in this regard.

I.A.No.3319/2022 is allowed.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.03.30 19:13:15 IST