Navneet Kumhre vs The State Of Madhya Pradesh
2022 Latest Caselaw 13867 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                                 CRA No. 5979 of 2022
                   (NAVNEET KUMHRE Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2022
       Mr. Gajendra Tamsikar, learned counsel for the appellant.

       Mr. Sheshmani Mishra, learned Panel Lawyer for the respondent/State.

Heard on admission.

The appeal is admitted for hearing.

Heard on I.A. No.13033 of 2022, which is an application filed by the appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for offence punishable under Sections 376 (2) N of the Indian Penal Code and sentenced to undergo RI for 10 years with fine of Rs.3000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. The trial Court overlooked the fact that FSL report regarding accused is negative. It is also submitted that the appellant is in custody 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 for the State has opposed the application for suspension of sentence and grant of bail.

I have heard learned counsel for the parties and perused the record. The prosecutrix is a major lady and the appellant and the prosecutrix were in relation with each other from 15.05.2016 till 28.02.2021 and the appellant committed sexual intercourse with the prosecutrix during this period. The trial Court has found offence under Section 506 not proved against the appellant. Looking to the nature of offence, facts and circumstances of the case as well as the fact that disposal of this appeal would take considerable time, without commenting on merits of the case, I deem it

appropriate to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellant Navneet Kumhre 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 a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the trial Court on 27.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

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Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.10.27 05:35:32

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