Anil vs The State Of Madhya Pradesh
2023 Latest Caselaw 13515 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 2584 of 2021
                                                  (ANIL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-08-2023
                                Shri Neeraj Singh - Advocate for the appellant.

                                Shri C.M. Tiwari- Government Advocate for the respondent/State.

Heard on I.A.No.6289 of 2023, repeat application under Section 389(1) of the Cr.P.C. for suspension sentence and grant of bail to appellant-Anil arising out of judgment dated 25.03.2021 delivered in S.T. No.36/2018 by 11nd

Upper Sessions Judge, Lakhnadaun, District-Seoni.

T h e appellant has been convicted under Section 450 of IPC and sentenced to undergo R.I. for 5 years and fine of Rs.100/- and under Section 376(1) of IPC and sentenced to undergo R.I. for 10 years and fine of Rs.5000/-with default stipulations.

Learned counsel for the appellant submits that prosecutrix is not reliable witness. FIR has not been lodged promptly. All witnesses have turned hostile and DNA report is also negative. There no external or internal injuries on the body of the complainant. FSL does not support the case of the prosecution.

Appellant is in jail for more than 3 years. The trial Court has wrongly convicted the appellant. Thus, it is prayed that remaining jail sentence of appellant may be suspended and he be released on bail.

Learned Panel Lawyer for the State, on the other hand, has opposed the application.

Taking into consideration the testimonies of PW-1, PW-5, PW-6, PW-15 along with FSL report and written report P-6, recovery memo P-9 and P-10 and document P-19, I deem it proper to suspend the remaining jail sentence of the Signature Not Verified Signed by: ROSHNI SINGH Signing time: 8/18/2023 5:54:49 PM

appellant. Accordingly, I.A No.6289 of 2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant-Anil is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial Court, Satna, District-Satna on 30.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

R

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 8/18/2023 5:54:49 PM