Madhya Pradesh High Court
Aman Lal Kol vs The State Of Madhya Pradesh on 6 December, 2023
Author: Chief Justice
Bench: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11847 of 2023
(AMAN LAL KOL Vs THE STATE OF MADHYA PRADESH)
Dated : 06-12-2023
Shri Hitendra Kumar Golhani - Advocate for appellant.
Shri A.S. Baghel - Public Prosecutor for respondent/State.
Heard on I.A.No.22274 of 2023:
2. This is the first application seeking for suspension of sentence and grant of
bail filed on behalf of appellant Aman Lal Kol, who has been convicted under
Section 376(2)(N) of the Indian Penal Code and sentenced to R.I. for 20 years
and fine of Rs.5000/- with default stipulation as mentioned in the impugned
judgment of conviction and order of sentence dated 06.09.2023 passed by the
2nd Additional Sessions Judge, Anuppur in Sessions Trial No.84 of 2021.
3. The case of the prosecution is that an FIR has been lodged by the
prosecutrix to the effect that she is known to the accused/appellant and on the
pretext of marriage, he committed sexual intercourse firstly in the month of
March, 2020 and thereafter from 23.11.2020 to 12.12.2020 at his house. He
refused to marry her. Investigation has been carried out and statements of the
witnesses have been recorded. After completion of investigation, charge-sheet
was filed against the accused and he was put to trial. On trial, he has been
convicted and sentenced as mentioned above.
4. This application has been filed on the ground that the victim and the
present appellant were known to each other. The victim has voluntarily eloped
with the present appellant and stayed with the present appellant with effect from
23.11.2020 to 12.12.2020 without raising any hue and cry. When the appellant
refused to marry her, she lodged the complaint. There is no likelihood of early
hearing of the appeal in near future. He was on bail during trial and has never
misused the liberty granted to him. He is in custody since 06.09.2023 and is
ready to abide by all the terms and conditions that may be imposed by this
Court while considering the application for suspension of sentence and grant of
bail.
5. Per contra, learned Public Prosecutor has vehemently opposed the
contentions stating therein that the prosecutrix has categorically deposed
regarding commission of offence by the present appellant, but he could not
dispute the fact that the prosecutrix had stayed with the appellant from
23.11.2020 to 12.12.2020 and had not raised any alarm.
6. Considering the overall facts and circumstances of the case, this Court
deems it appropriate to allow the application for suspension of sentence and
grant of bail.
7. Accordingly, without expressing any opinion on the merits of the case,
I.A. No.22274 of 2023 is allowed and it is directed that the remaining jail
sentence of the appellant will remain under suspension subject to the verification
that the amount of fine has been deposited and he be released on bail on
furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one
solvent surety in the like amount to the satisfaction of the trial Court concerned
for his appearance before that Court on 24.01.2024 and thereafter on such other
subsequent dates as may be fixed in that behalf.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
sj
