Kumed @ Kumendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 6897 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT JABALPUR
                              CRA No. 5194 of 2021
                   (KUMED @ KUMENDRA Vs THE STATE OF MADHYA PRADESH)

Dated : 07-05-2022
       Mr. Ram Kripal Mishra, learned counsel for the appellant.

       Ms. Nalini Gurang, learned Panel Lawyer for the State.
       Heard on admission.
       Appeal seems to be arguable, therefore, admitted for hearing.
       Heard on I.A. No.15854/2021 which is first application filed by the
appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and

grant of bail.
       T h e appellant has been convicted by the impugned judgment             dated
03.08.2021

passed by the third Additional Sessions Judge, Chhindwara, (M.P.) in ST No.196/2018 whereby the appellant has been convicted for offences punishable under Sections 450 and 376 of the Indian Penal Code and sentenced to undergo RI for seven years (fine of Rs.2,000/-) and ten years (fine of Rs.2,000/-), respectively with default stipulations.

Learned counsel for the appellant submits that the findings recorded by the trial Court in the impugned judgment are perverse. The trial Court has not properly

appreciated the evidence on record. Appellant is in custody since 18.11.2018 and the final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application for suspension of sentence and grant of bail.

Heard learned counsel for the parties and perused the record. The prosecutrix was major at the time of the incident. She narrated the incident as her father suddenly came at the time of the incident. From the prosecution story and the statement of the prosecutrix, it appears that she may be consenting party. That apart, the doctor did not find any injury on the prosecutrix.

Looking to the custody period and the fact that trial would take considerable time, it is deemed appropriate to suspend the remaining jail sentence of the appellant and to release him on bail, therefore, without commenting on the merits

of the case, this application (I.A. No.15854/2021) is allowed.

I t is directed that execution of remaining jail sentence of the appellant - Kumed @ Kumendra shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty

Thousand only) with one surety in the like amount to the satisfaction of the trial Court.

Appellant shall appear before the trial Court on 05.09.2022 and on all such subsequent dates, as may be directed in this regard during the pendency of this appeal.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.05.07 04:02:46 -07'00'