Kallu vs The State Of Madhya Pradesh Thr
2023 Latest Caselaw 13013 MP

                                                                 1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR


                                                  CRA No. 199 of 2017
                                           (Kallu Vs THE STATE OF MADHYA PRADESH THR)


                       Gwalior dated 10.8.2023
                                Shri Sushil Goswami, learned counsel for the appellant.
                                Shri   A.K.Nirankari,    learned     Public    Prosecutor   for   the
                       respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.30778/2021, 1st application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant-

Kallu.

This criminal appeal assails the judgment dated 23.12.2016 passed

by the Special Judge, Vidisha, in Special Case No.76/2014, whereby

appellant has been convicted under Sections 363, 366, 376(1), 324 of IPC

and Sections 3(2)(v) and 3(1)(xii) of the Scheduled Castes & Scheduled

Tribes (Prevention of Atrocities) Act with maximum sentence of life

imprisonment.

Prosecution case in brief is that prosecutrix aged 17 years on

4.3.2014 at 7.45 am lodged a report at police Station Tyonda Distt.

Vidisha to the effect that on 3.3.2014 at 9 pm when she had gone to Signature Not Verified Signed by: MADHU SOODAN PRASAD answer the call of nature, appellant met and by persuading took her to his Signing time: 10-08-2023 04:22:50 PM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

house and by threatening asked her to sleep there, due to fear she slept

there. At 11 pm appellant awoke her and committed rape with her. Her

mother while searching her came there, but appellant was not allowing

her to go with her mother. Anyhow she could manage to go with her

mother. Appellant bit her at face and breasts. On her report, crime was

registered. She was sent for medical examination. After investigation,

charge-sheet has been filed and after trial appellant has been convicted &

sentenced as aforesaid.

It is submitted by learned counsel for the appellant that during trial

appellant was on bail, but he did not misuse the liberty so granted. During

trial, he remained in custody from 6.3.2014 to 10.8.2015 and thereafter

from the date of judgment i.e. 23.12.2016 he is in custody, thus he has

already suffered more than 8 years incarceration. He has a good case on

merits. Final hearing of the appeal will take time. On such premises,

learned counsel for the appellant prayed for bail.

Learned counsel for the State opposed the application and prayed

for its rejection.

Signature Not Verified Considering the facts and circumstances of the case, but without Signed by: MADHU SOODAN PRASAD Signing time: 10-08-2023 04:22:50 PM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

commenting anything on the merits of the case, IA.No.30778/2021 is

allowed and it is directed that jail sentence of appellant - Kallu will

remain under suspension subject to verification that the amount of fine

has been deposited, on appellant's furnishing bail bond of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like

amount to the satisfaction of concerned Trial Court for his appearance

before the Principal Registrar of this Court on 18th December, 2023 and

thereafter on such further dates as may be fixed by the office of this Court

in this regard till disposal of the appeal.

C.c. as per rules.

                             (Rohit Arya)                            (Deepak Kumar Agarwal)
                                Judge                                        Judge
             ms/-




Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 10-08-2023
04:22:50 PM