Mangilal vs The State Of Madhya Pradesh
2022 Latest Caselaw 6978 MP

1                            Cr.A.No.2863/2022
                        (Mangilal Vs. State of M.P.)

Indore : Dated 9.5.2022
      Shri Himanshu Joshi, learned counsel for the appellant.
      Shri    Mukesh     Sharma,    learned    Govt.Advocate    for   the
respondent/State.

Heard on I.A.No.4357/2022, first application for grant of suspension of sentence filed on behalf of appellant.

The trial Court has convicted the appellant under Section 366 of IPC and sentenced to undergo seven years' RI with fine of Rs.3,000/-, under Section 376(2)(g) of IPC and sentenced to undergo ten years' RI with fine of Rs.4,000/- and under Section 343 of IPC and sentenced to undergo two years' RI with fine of Rs.2,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 24.2.2022 passed by 2nd Addl.Sessions Judge, Biaora, District Rajgarh in S.T.No.249/2020.

Prosecution case, in brief, is that appellant alongwith other co- accused Ranglal with the help of co-accused Santosh abducted the prosecutrix kept her in his house and committed mass rape upon her repeatedly.

Learned counsel for the appellant submits that during trial against him statement of complainant has not been recorded and prosecution could not produce her before the Court. The jail sentence of co-accused Ranglal has been suspended by this Court vide order dated 11.12.2014 passed in Cr.A.No.951/2009. Appellant's case is similar to that of co- accused Ranglal. There is no likelihood of hearing of appeal in near

(Mangilal Vs. State of M.P.)

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 and submits that looking to the nature of allegations the appellant is not entitled for bail.

Having considered the rival submissions material pointed out by learned counsel for the appellant and also considering the fact that co- accused has been enlarged on bail, 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.4357/2022 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 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 4.7.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.4357/2022 is allowed.

List in due course.

C.C. as per rules.

(Satyendra Kumar Singh) Judge Patil

Digitally signed by SHAILESH PATIL Date: 2022.05.09 17:14:50 +05'30'