Kishan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7541 MP

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  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE


                            CRA No. 3664 of 2022
             (KISHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 30-05-2022
      Shri S.K. Meena, learned counsel for the appellant.
      Shri   Kamal          Kumar     Tiwari,   learned      counsel    for   the
respondents/State.

Heard on I.A. No.5641/2022, which is first application for suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of appellant- Kishan.

The appellant has been convicted vide judgment dated 24.03.2022 in Session Trial No.130/2018 passed by the I-Additional Session Judge, Sarangpur, District-Rajgarh as below:-

Conviction Sentenced to Fine In default of payment U/Section of fine 368 of the IPC 3 Years RI Rs.1,000/- 2 months R.I. 363 of the IPC 3 Years RI Rs.1,000/- 3 months R.I. 366A of the IPC 5 Years RI Rs.1,000/- 2 months R.I.

According to the prosecution case, on 16.03.2018, complainant lodged missing report at police station-Sarangpur to the effect that the prosecutrix went for giving her exam with her brother and after the exam, the prosecutrix was missing. On 22.11.2019, the prosecutrix was recovered and her statement under Section 161 and 164 were recorded. On the basis of which police has registered FIR against the appellant.

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Learned counsel for the appellant submits that the prosecutrix was major at the time of incident and the prosecution has not produced any material evidence with regard to the fact that the prosecutrix was minor at the time of incident. The scholar register entry Ex.P-16 is of 9th standard and Pradhana Adhyapak, Government Girls' Higher Secondary School, Sarangpur, District- Rajgarh (PW-11) has admitted in his cross examination that he is not aware about the fact as to on what basis the prosecutrix's age was registered in the scholar register as 15.08.2000. The allegations alleged against the present appellant are only that he assisted the main accused Biram in kidnapping the prosecutrix and provided shelter to him. He further submits that the appellant was on bail during trial and he has not violated any condition mentioned therein. There is no likelihood of final hearing of this appeal in near future, hence, he prays for suspension of sentence of the appellant.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of sentence. He submits that as the matter relates to minor girl and the offence as alleged against the appellant is proved, therefore, he is not entitled for grant of benefit of suspension of sentence.

Considering the facts and circumstances of the case, allegations against appellant and period of custody and there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case the application for suspension of sentence I.A. No.5641/2022 is allowed. Execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant - Kishan be

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released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant shall mark his presence before the registry of this Court on 21/11/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.5641/2022 stands disposed of.

Certified copy as per rules.

              (SATYENDRA KUMAR SINGH)                        (AMAR NATH (KESHARWANI))
                 V. JUDGE                                          V. JUDGE



          N.R.

Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2022.05.31
15:47:16 +05'30'