Neeraj Choudary vs The State Of Madhya Pradesh
2023 Latest Caselaw 6710 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7848 of 2019 (NEERAJ CHOUDARY Vs THE STATE OF MADHYA PRADESH)

Dated : 25-04-2023 Shri S.K. Gangrade - Advocate for the appellant.

Ms. Vibha Pathak - Panel Lawyer for the State.

Record of the Court below has been received. Heard on the question of admission.

Admit.

Also heard on I.A. No.8091/2023, which is second application filed on behalf of the appellant for suspension of sentence and grant of bail. His earlier application was dismissed as withdrawn vide order dated 03.09.2022.

The appellant has been convicted by the trial Court under Section 376(2) o f I.P.C. and sentenced to undergo R.I. for 10 years with fine of Rs.1000/-, Section 363 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1000/- and Section 366 of IPC and sentenced to undergo R.I. for 03 years with fine of Rs.1,000/-, respectively, with default stipulations.

Learned counsel for the appellant has submitted that the trial Court has

not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for the aforesaid offences. He further submits that appellant is innocent and has falsely been implicated in this case. It is further submitted that appellant is aged about 23 years although at the time of the incident, he was married and having two children and the prosecutrix was aware about the same. He further submits that appellant is in custody since Signature Not Verified SAN

20.03.2018 as mentioned in the judgment para No.75. Final disposal of this Digitally signed by NITESH PANDEY Date: 2023.04.26 11:51:32 IST

appeal will take considerable time to conclude, therefore, the custodial sentence

of the appellant may be suspended and he may be released on bail.

O n the other hand learned Panel Lawyer for the State has opposed the contentions raised by the counsel for the appellant and prayed for its rejection.

Heard learned counsel for the parties.

After considering the statements of the prosecutrix particularly in para Nos.12 & 14 and also considering the age of the prosecutrix, without commenting on the merit 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 shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 12.09.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2023.04.26 11:51:32 IST