Lakhan Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14131 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2256 of 2023
                                             (LAKHAN SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 28-08-2023
                                Shri Siddharth Datt - Advocate for the appellant.

                                Ms. Shanti Tiwari - Panel Lawyer for the respondent/State.

Heard on admission.

The appeal is admitted for final hearing.

Also, heard on I.A.No.6160 of 2023 an application under Section

389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant arising out of judgment dated 27.01.2023 delivered in S.T. No.38/2021 by Fifth Additional Sessions Judge, Mandla District-Mandla.

The appellant has been convicted under Section 376(2)(cha) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.2,000/-, under Section 376(2)(h) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.2,000/- and under Section 450 of the IPC Act and sentenced to undergo R.I. for 5 years with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant after referring to testimony of

prosecutrix specially para Nos.5, 7, 10 and 11 and testimony of Dr. Ranjana Maravi (PW-8) and prosecutrix's statement under Section 164 of Cr.P.C. (Ex.P/6) and FSL report (Ex.P/28) submits that there is no evidence with respect to rape against the appellant. He has been falsely implicated in the case. The final hearing of this appeal will take time, therefore, it has been prayed that the remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Panel Lawyer for the State. Taking into consideration evidence of prosecutrix, especially para Nos. Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/28/2023 6:23:56 PM

5, 7, 10 and 11 and Doctor PW-8, Ex.P/6 and FSL report Ex.P/28 coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of appellant- Lakhan Singh 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 Mandla, District-Mandla

on 06.11.2023 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

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Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 8/28/2023 6:23:56 PM