Chandrabhan @ Choutu vs The State Of Madhya Pradesh
2022 Latest Caselaw 12176 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 2590 of 2022
                                        (CHANDRABHAN @ CHOUTU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-09-2022
                                Mr. Pradeep Naveria, Advocate for the appellant.

                                Mr. A.S. Baghel, Government Advocate for the respondent/State.

Ms. Varsha Kothari, Advocate for the objector.

Heard on I.A. No. 4693 of 2022, which is the first application filed on behalf of the appellant for suspension of sentence and grant of bail.

T h e appellant has been convicted by the trial Court vide impugned

judgment dated 28.02.2022 passed in Special Sessions Case No.157 of 2017 by Special Judge, District Tikamgarh under Section 363 of the Indian Penal Code and sentenced to undergo R.I. for 5 years with fine of Rs.5,000/-, under Section 366 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.5,000/-, under Section 376(1) of IPC and sentenced to undergo RI for 20 years with fine of Rs. 10,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant has already solemnized marriage with the victim and out of said wedlock a child is born. The victim is still residing with the family of the appellant. Final disposal of this

appeal will take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Govt. Advocate for the State has vehemently opposed the application on the strength of objections.

Learned counsel for the objector supported the prayer of the appellant on a specific query from the bench and stated that the objector has no objection if sentence of the appellant is suspended. She did not refute the Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 9/14/2022 5:41:54 PM

statement of learned counsel for the appellant that victim herself is residing with the family of the appellant.

Considering the over all facts and circumstances of the case, we deem it proper to suspend the remaining sentence of the appellant, without commenting on merits of the case, the application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant -Chandrabhan shall remain suspended and he shall be released on bail for securing his

presence before the trial Court Tikamgarh on 20.12.2022 and on such other dates as may be fixed in this regard.

I.A. No.4693 of 2022 is allowed.

List for final hearing in due course.

                            (SUJOY PAUL)                                  (PRAKASH CHANDRA GUPTA)
                               JUDGE                                               JUDGE

                          DevS




Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 9/14/2022
5:41:54 PM