Vinod vs The State Of Madhya Pradesh
2022 Latest Caselaw 13750 MP

1                              Cr.A.No.7353/2022
                     (Vinod and another Vs. State of M.P.)

Indore : Dated 18.10.2022
      Shri Pushpendra Kushwah, learned counsel for the appellant
No.2-Onkar.
      Shri     Kapil    Mahant,     learned    Panel      Lawyer   for    the
respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Heard on I.A.No.13346/2022, first application for grant of suspension of sentence filed on behalf of appellant No.2-Onkar.

The trial Court has convicted the appellant under Section 370 of IPC and sentenced to undergo seven years' RI with fine of Rs.1,000/-, with default stipulation, vide judgment of conviction and order of sentence dated 6.8.2022 passed by 1 st Addl.Sessions Judge, Dr.Ambedkar Nagar, District Indore in S.C.No.20/2020.

Learned counsel for the appellant submits that it has been alleged against him that he purchased the minor prosecutrix and thereafter solemnized her marriage with his son co-accused Vinod. Admittedly, prosecutrix was living with appellant's son co-accused Vinod as his wife. He further submits that prosecutrix admitted in her statement recorded during trial that appellant is her father-in-law and she did not see the appellant giving any money for purchase of her. Impugned judgment convicting the appellant is not sustainable. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for

(Vinod and another Vs. State of M.P.)

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.

Having considered the rival submissions, nature of allegations alleged against the appellant and also considering the fact that co-accused Vinod and other co-accused have already been enlarged on bail and 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.13346/2022 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 19.12.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.13346/2022 is allowed.

List for admission alongwith record.

C.C. as per rules.

(Satyendra Kumar Singh) Judge Patil

Digitally signed by SHAILESH PATIL Date: 2022.10.18 19:22:23 +05'30'