Dharmendra Nevare vs The State Of Madhya Pradesh
2022 Latest Caselaw 7304 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2127 of 2022 (DHARMENDRA NEVARE Vs THE STATE OF MADHYA PRADESH)

Dated : 13-05-2022 Shri Sanjay Sharma, counsel for the appellant.

Shri R.K. Pandey, PL for the State.

Heard on admission.

Admit.

Heard on I.A. No. 3783/2022, which is first application filed on

behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court under Section 376(2)(dha) of IPC and sentenced to R.I. for 10 years with fine of Rs.5000/-, with default stipulations.

Learned counsel for the appellant has submitted that the maximum sentence awarded to the appellant is 10 years. The appellant has performed marriage with the prosecutrix. Prosecutrix has turned hostile. It is mentioned in paragraph Nos. 32 and 33 of the impugned judgment that she gave birth to two children. In the affidavit filed by the prosecutrix in

support of the appellant, she has stated that she is living with the family members of the appellant with her children and she has no objection with regard to grant of bail to the appellant. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail. Signature Not Verified SAN Learned Panel Lawyer has opposed the prayer for bail.. Digitally signed by VARSHA DUBEY Date: 2022.05.14 11:22:02 IST Considering the facts and circumstances of the case and the facts that

the prosecutrix has turned hostile, affidavit filed by the prosecutrix has been verified by the concerned police station which is supported by the Panchnama and other documents, period of jail sentence awarded to the appellant, without commencing on the merits of the case, I deem it to be a fit case to suspend the custodial sentence of the appellant and to release him on bail, therefore, I.A. No. 3783/2022 is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant

Dharmendra Nevare shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 9.9.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court concerned on each and every date, without fail.

List for final hearing in due course.

Certified copy as per rules.

(SMT. ANJULI PALO) JUDGE

VD

Signature Not Verified SAN

Digitally signed by VARSHA DUBEY Date: 2022.05.14 11:22:02 IST