Sukh Das vs The State Of Madhya Pradesh
2023 Latest Caselaw 20266 MP

Madhya Pradesh High Court

Sukh Das vs The State Of Madhya Pradesh on 1 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5570 of 2019
                                                (SUKH DAS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-12-2023
                                 Shri Kishore Roy - Advocate for the appellant.

                                 Shri Somesh Gupta - P.L. for the respondent/State.

Counsel for the State adopted previous objection. Heard on I.A.No. 15923 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Sukh Das

arising out of judgment dated 23.03.2019 delivered in S.T. No.108/2018 passed by IVth Additional Sessions Judge, Chhindwara (MP).

The appellant has been convicted for the offence punishable under Section 376(2)(N) of IPC and sentenced to undergo RI for 10 years with fine of Rs.20,000/- with default stipulation.

Learned counsel for appellant submits that Trial Court has failed to appreciate the facts and legal provision in proper prospective and has given perverse finding. Prosecution witnesses have not made any specific allegation against the appellant. Prosecution has failed to prove its case beyond all

reasonable doubt. Appellant has suffered more than half of the sentence. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned Panel Lawyer opposed the prayer on the basis of objection. Considering the facts and circumstances of the case and period of detention and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No. 15923 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant Sukh Das be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Umariya on 22nd of December, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

(HIRDESH) JUDGE

Akm