Dharmendra Jogi vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 12835 MP

                                     1

        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                              CRA-642-2015

        (DHARMENDRA JOGI Vs . STATE OF MADHYA PRADESH)

DATED:- 08-08-2023

      Shri A.K. Jain- Advocate for the appellant.
      Shri     Rajesh Shukla- Additional Advocate General for the
respondent/State.

Per Justice Deepak Kumar Agarwal:

Heard on I.A. No.13318/2023, 4th application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant - Dharmendra Jogi. His earlier applications were dismissed as withdrawn by the coordinate Bench.

This criminal appeal assails the judgment dated 15/06/2015 passed in S.T. No.478/2014 by 5th Additional Session Judge, Gwalior, District- Gwalior (M.P.), whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

366 of IPC 10 Years RI 5000/- 6 Months RI 376(2)(i) of IPC Life Imprisonment 10,000/- 9 Months RI 376(2)(n) of IPC Life Imprisonment 10,000/- 5 Months RI Prosecution story is that in the intervening night of 11-12/07/2014, after taking dinner complainant- Jaswant slept with his family and at about 3:30 AM, when his wife awoke, she found her daughter (prosecutrix) missing. Thereafter his wife informed him in this regard. Afterwards, they searched the prosecutrix here and there but could not trace her. The complainant expressed the doubt that present appellant/accused eloped her daughter. Thereafter, FIR bearing Crime No.429/2014 was registered at

Police Station- Madhoganj, District- Gwalior (M.P.) for the offence punishable under Sections 363 and 366 of IPC. During investigation, prosecutrix was recovered on 15/07/2014 and her statement under Section 161 of Cr.P.C. was recorded and on the basis of which offence under Section 376 of IPC was added. Appellant was arrested and after completion of investigation, charge-sheet has been submitted. After conclusion of trial, trial Court convicted the appellant for the offence as mentioned above.

Learned counsel for the appellants submits that appellant has been falsely implicated in this case and he has been wrongly convicted by the learned trial Court. It is further submitted that prosecution story is bellied by medical evidence as there is no sign of injury. Appellant has suffered more than 9 years of incarceration and he is the permanent resident of District- Datia (M.P.) and there are fair chances of success of this appeal. The appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of jail sentence be suspended and the appellant be released on bail.

On the other hand, learned Additional Advocate General appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and looking to the period of custody of the appellant, IA No.13318/2023 is allowed. It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 14th of December, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and

he shall be released on bail.

I.A. No.13318/2023 stands allowed and disposed of.

Certified copy as per rules.

                (ROHIT ARYA)                                            (DEEPAK KUMAR AGARWAL)
                   JUDGE                                                        JUDGE


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       2023.08.08 18:22:09 +05'30'