Mahesh Prasad Awasthi vs The State Of Madhya Pradesh
2023 Latest Caselaw 21656 MP

Madhya Pradesh High Court

Mahesh Prasad Awasthi vs The State Of Madhya Pradesh on 18 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 14063 of 2023 (MAHESH PRASAD AWASTHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 18-12-2023 Shri Ghanshyam Sharma - Advocate for the appellant.

Shri A.N. Gupta - Government Advocate for the State.

Heard on IA No.29158 of 2023 for condonation of delay of 384 days. For the reasons stated in the IA, the same is allowed. Delay in filing the appeal is hereby condoned.

Appeal is admitted for final hearing.

Also heard on I.A. No.29161/2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to appellant Mahesh Prasad Awasthi.

B y impugned judgment dated 16/7/2022 passed by the Special Judge, SC/ST ACT, Narmadapuram, Distt. Narmadapuram in SC ATR No.169/2018 t h e appellant has been convicted under Section 376(2)(c) of the IPC and sentenced to undergo RI for life with fine of Rs.5000/- and Section 374 of IPC with fine of Rs.3000/- with default stipulations.

Learned counsel for the appellant by taking this Court to the prosecution story submits that the appellant has been suffered actual jail sentence of 5 years. FIR has been lodged after 7 years of the incident. He has also placed reliance on the statements of prosecutrix (PW/1) and her husband Shankar (PW/5). The statement of the prosecutrix is not of sterling quality. The appellant is of aged about 75 years. The final hearing of this matter is not possible in near future. Thus, remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Government Advocate on the basis of

objection and placed reliance on the statements of PW/7 and PW/15 and Para- 19 of the impugned judgment.

We have heard learned counsel for the parties at length and perused the record.

Considering the factual backdrop coupled with the age of this appellant and also bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.29161/2023 is allowed. Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of appellant is hereby suspended and it is directed that appellant Mahesh Prasad Awasthi be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand 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, Narmadapuram on 12/2/2024 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.

                                 (SUJOY PAUL)                                (BINOD KUMAR DWIVEDI)
                                    JUDGE                                            JUDGE

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