Durgesh Bhalavi vs The State Of Madhya Pradesh
2023 Latest Caselaw 21944 MP

Madhya Pradesh High Court

Durgesh Bhalavi vs The State Of Madhya Pradesh on 20 December, 2023

Author: Hirdesh

Bench: Hirdesh

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5615 of 2023 (DURGESH BHALAVI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 20-12-2023 Shri Rajendra Yadav - Advocate for the appellant.

Mr. Somesh Gupta - P.L. for the State.

Considered I.A.No.21902/2023, which is first application u/s 389 (1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Durgesh Bhalavi.

Vide impugned judgment dated 06.04.2023 passed in S.C.No.37/2021 by IInd Additional Sessions Judge, Lakhnadon, District Seoni, the appellant has been convicted for offences u/s 363, 366 and 376(2)(N) of IPC, and sentenced t o undergo R.I. for 2 years, 3 years and 5 years respectively and fine of Rs.1,000/-, Rs.2,000/- and Rs.5,000/- respectively, with default stipulations.

Learned Counsel for the appellant submitted that the appellant and prosecutrix are well known to each other prior to incident and she travelled with the appellant from her village to Seoni and Nagpur by bus, and appellant was falsely implicated and he has further submitted that the trial court committed

error in assessing the age of the prosecutrix below 18 years. He cited that evidence of P.W.-7 - Head Master of school, who says that no document of data of birth is attached with scholar Register, FSL report is inconclusive and DNA report is not conducted by prosecution. So he prays for suspension of sentence and grant of bail.

Learned counsel for the State opposed the application for suspension of sentence and grant of bail.

After hearing Counsel for both the parties, and on perusal of the record,

and considering the evidence of the prosecutrix and of Head Master - P.W.-7, without commenting on the merit of the case, it is a fit case for grant of bail. I.A. No.21902/2023 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 Durgesh Bhalavi 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 concerned trial Court with a further direction to appear before concerned trial Court, on 21th of March, 2024 and also on such other dates as may be fixed by the trial Court in this

regard during the pendency of this appeal.

I.A.No.21902/2023 is allowed.

C.C. as per rules

(HIRDESH) JUDGE

nd