Nemeechand vs The State Of Madhya Pradesh
2023 Latest Caselaw 20268 MP

Madhya Pradesh High Court

Nemeechand vs The State Of Madhya Pradesh on 1 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         CRA No. 13995 of 2023
                                              (NEMEECHAND Vs THE STATE OF MADHYA PRADESH)

                           Dated : 01-12-2023
                                 Shri Sankalp Kochar - Advocate for the appellant.

                                 Shri tapan Bathre - Panel Lawyer for the respondent/State.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A.No.26371/2023, which is the first application under

Section 389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of bail.

The appellant has been convicted vide judgment dated 27/10/2023 passed by Additional Sessions Judge, Chourai, District Chhindwara in S.T.No.67/2020 fo r the offence punishable under Sections 376(1)/511, 457 of the IPC and sentenced him to undergo R.I. for seven years with fine of Rs.2,000/- and R.I. for five years with fine of Rs.2,000/- and under Section 323 (two counts) imposed fine of Rs.1,000/- (on each count) with default stipulation.

Learned counsel for the appellant submitted that the trial Court has

wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. It is submitted that in the FIR as well as in the statement under Section 161 of the Cr.P.C. prosecutrix never made allegation of rape, however for the first time after four years in her Court statement she deposed that appellant committed rape with her, which shows that the appellant has been falsely implicated in the case. During trial appellant was on bail and he never misused the liberty granted to him. The appellant is in custody since the date of

judgment i.e. 27/10/2023, hence he prayed for suspension of jail sentence and release the appellant on bail as final hearing of this appeal will take time.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that the appellant is in custody since the date of judgment i.e. 27/10/2023 and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and he be released on bail subject to

depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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