Hamira @ Hamir Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 20256 MP

Madhya Pradesh High Court

Hamira @ Hamir Singh vs The State Of Madhya Pradesh on 1 December, 2023

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 13884 of 2023
                                          (HAMIRA @ HAMIR SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-12-2023
                                 Mr. Arun Dudawat, Advocate for the appellant.

                                 Mr. D.K. Budholiya, Panel Lawyer for the respondent - State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No. 13884 of 2023, first application under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 11.10.2023 passed by

Fourth Additional Sessions Judge, Guna, District Guna in Sessions Trial No.26/2020, whereby the appellant has been convicted and sentenced under Sections 376 (2)(J), (L) and (N) of the IPC to undergo rigorous imprisonment of 10 years with fine of Rs.2000/- in each offence, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available o n record. There are material omissions and contradictions in the statement of the prosecution witnesses. It is further argued that there is inordinate delay in filing the FIR. Allegedly, the incident occurred seven months back from the date of

lodging of FIR for which no plausible explanation has been given. Even the prosecutrix has not supported the case of the prosecution. Case is also not supported by the medical evidence. As per medical report, no sign of injury was found on the body of the prosecutrix and no definite opinion was given in respect to rape. Even the prosecutrix was not found pregnant. Further submission is that appellant has already served around one month of incarceration out of total jail sentence awarded. The present criminal appeal is

likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State as well as counsel for the complainant vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the facts and circumstances of the case, without commenting on merits of the case, I.A. No.13884 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one

solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 13.2.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS