Shivam Chaturvedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 6238 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 616 of 2023 (SHIVAM CHATURVEDI Vs THE STATE OF MADHYA PRADESH)

Dated : 18-04-2023 Shri Jitendra Kumar, learned counsel for the appellant.

Shri P.S.Raghuvanshi, learned Public Prosecutor for the State. Heard on IA.No.718/2023 , first application u/Sec. 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant - Shivam Chaturvedi.

Vide judgment dated 20.12.2022 passed by the Sixth Additional Sessions

Judge, Distt. Gwalior in S.T.No.72/2019 appellant has been convicted under Sections 376(2)(N) of IPC and sentenced to undergo R.I. for 10 years and fine of Rs.20,000/- with default stipulation.

Allegation against the appellant is that one year back prosecutrix used to go to appellant to learn dance in his dance class where she came in contact with present appellant accused and they started talking with each other on telephone and came in loving relationship. On 20.12.2017, after dance class the accused applied sindoor on the head of the prosecutrix and performed marriage with her and made physical relationship with her. In the pretext of marriage, appellant

used to commit sexual intercourse many times against her will due to which prosecutrix became pregnant and the appellant gave her pills to abort the child. Also, he threatened her that if she opposes or goes to lodge any report against him to the police, he will denigrate her by uploading her photos. On her report, aforesaid offence was registered against the appellant.

It is submitted by learned counsel for the appellant that during trial he was on bail, but he did not misuse the liberty so granted. He has already suffered Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/19/2023 10:26:14 AM

sufficient incarceration. Final hearing of the appeal will take time and they have good case on merit. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.718/2023 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one

solvent surety each of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 4th September, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/19/2023 10:26:14 AM