Ramnihor vs The State Of Madhya Pradesh
2023 Latest Caselaw 14319 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 909 of 2023
                                             (AJAY KUMAR BAIS Vs THE STATE OF MADHYA PRADESH)

                                                            CRA/01921/2023
                         Dated : 31-08-2023
                                  Shri Neeraj Dubey - Advocate for the appellant- Ajay Kumar Bais.

                                  Shri Ashok Kumar Gupta - Advocate for the appellants- Ramnihor and
                         Lalji.
                                  Shri Sachindra Raghuwanshi - Panel Lawyer for the respondent/State.

Heard on admission.

Appeals are admitted for final hearing.

Heard on I.A.No.4157 of 2023 and I.A.No.15018 of 2023 an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellants Ajay Kumar Bais, Ramnihor and Lalji arising out of common judgment dated 10.11.2022 delivered in S.T.No.100168/2016 passed by Additional Session Judge, Vyohari, District-Shahdol.

The appellant Ajay Kumar Bais has been convicted under Section 498-A of IPC and sentenced to undergo R.I. for 2 years and fine of Rs.1,000/-, under Section 365 of IPC and sentenced to undergo R.I. for 5 years and fine of

Rs.3,000/- under Section 344 of IPC and sentenced to undergo R.I. for 2 years and fine of Rs.1,000/- under Section 376(2)(g) of IPC and sentenced to undergo R.I. for 10 years and fine of Rs.5,000/- under Section 370 of IPC and sentenced to undergo R.I. for 5 years and fine of Rs.3,000/- and under Section 506 of the IPC and sentenced to undergo R.I. for three years and fine of Rs.1,000/- with default stipulations and appellants Ramnihor and Laljio have been convicted under Section 365 of IPC and sentenced to undergo R.I. for 5 Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/1/2023 9:59:16 AM

years fine of Rs.3,000/-, under Section 344 of IPC and sentenced to undergo R.I. for 2 years and fine of Rs.1,000/-, under Section 376(2)(g) of IPC and sentenced to undergo R.I. for 10 years and fine of Rs.5,000/-, under Section 370 of IPC and sentenced to undergo R.I. for 3 years and fine of Rs.3,000/- and under Section 506 of the IPC and sentenced to undergo R.I. for three years and fine of Rs.1,000/-each with default stipulation.

Learned counsel for the appellants submits that it is alleged that one Yashpal Gurjar allegedly purchased prosecutrix from appellants Ajay Kumar Bais, Ramnihor and Lalji and married prosecutrix and thereafter prosecutrix remained with one Yashpal Gurjar for about 3 years but Yashpal Gurjar has not

been made accused. From the evidence on record, it is also apparent that prosecutrix had more than one opportunity to fled away but she did not avail any such opportunity. It is also not established from the evidence that how and from where she was recovered. The prosecutrix has herself fled and appellants have been falsely implicated in the case. Final hearing of this appeal is not possible in near future, therefore, it has been prayed that remaining jail sentence of appellants may be suspended and they be released on bail.

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

Taking into consideration the evidence of prosecutrix and her brother (PW-1) and mother (PW-2), coupled with the fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellants. Accordingly, aforesaid I.As are allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of appellants Ajay Kumar Bais and Ramnihor and Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/1/2023 9:59:16 AM

Lalji. is hereby suspended and it is directed that the appellant be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty thousand only)each 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 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 case for final hearing in due course. C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

vai

Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 9/1/2023 9:59:16 AM