Kamal vs The State Of Madhya Pradesh
2023 Latest Caselaw 6215 MP

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                          IN THE HIGH COURT OF MADHYA PRADESH
                                            AT INDORE

                                      CRA No. 2177 of 2023
                                 (KAMAL Vs THE STATE OF MADHYA PRADESH)



            Dated : 18-04-2023
                    Shri Manish Yadav, learned counsel for the appellant .
                    Shri Rahul Solanki GA appearing on behalf of Advocate General.
            ____________________________________________________________
                    Record of the trial Court has been received.
                    Heard on admission.
                    Appeal is admitted for hearing.
                    Also heard on I.A. no. 1985/2023 which is an application filed
            under section 389 (1) of Cr.P.C on behalf of appellant Kamal for grant
            of bail and suspension of remaining jail sentence.
                    The appellant has been convicted under sections 376(1) and 450
            of IPC and sentenced to undergo ten years R.I with fine of Rs. 1000/-
            and three years R.I with fine of Rs. 1000/- respectively with default
            stipulation.

                    Learned counsel for the appellant contended that the appellant
            remained in custody during trial from 17/01/2017 to 13/02/2017 and
            thereafter, since 28/01/2023 i.e. the date of judgment, he is in custody.
            The prosecutrix is a major and married lady. Due to some property
            dispute, the appellant has been falsely implicated in this matter. Suresh
            (PW-3) who is the husband of prosecutrix, has not supported the version
            of the prosecutrix. Statements of the prosecution witnesses are contrary.
            The trial Court has committed error in disbelieving the appellant's
            defence, hence he prays that the application be allowed and the

Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 4/18/2023
6:06:55 PM
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            remaining jail sentence of the appellant be suspended till final disposal
            of the appeal.

                    Learned GA for the respondent/State opposed the prayer for grant

of bail and suspension of remaining jail sentence of the appellant by submitting that the appellant has been properly convicted and sentenced by the trial Court.

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that statement of the prosecutrix (PW-2) is well supported by Kanchan (PW-

4) and FIR Ex.-P/1; as counsel for the appellant submitted that no injuries have been found over the person of the prosecutrix and therefore, her statement cannot be relied upon, but it is not necessary to found injury over the body of prosecutrix; Suresh (PW-3), who is the husband of the prosecutrix also stated in para -2 of his deposition that Sunil informed him appellant Kamal has committed wrong act with his wife; in view of the statement of prosecutrix, her husband and her mother-in-law Kanchan, no case is made out for grant of bail and suspension of remaining jail sentence of the appellant at this stage,

Accordingly, I.A. no. 1985/2023 is hereby rejected.

CC as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 4/18/2023 6:06:55 PM