Sunil @ Neeraj Panwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21984 MP

Madhya Pradesh High Court

Sunil @ Neeraj Panwar vs The State Of Madhya Pradesh on 20 December, 2023

Author: Anil Verma

Bench: Anil Verma

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 5553 of 2023
                                          (SUNIL @ NEERAJ PANWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-12-2023
                                 Shri Pradeep Kumar Lalwani - Advocate for appellant.

                                 Ms. Nisha Jaiswal - Panel Lawyer for State.
                                 Heard on I.A.No. 15615/2023, which is first application under Section
                           389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on
                           behalf of appellant Sunil.
                                 Appellant stands convicted under Sections 366, 376(2)(N) of Indian

                           Penal Code, 1860 and has been sentenced to undergo 5 years RI and 10 years
                           RI with fine of Rs. 5,00/- and Rs.1,000/- with usual default stipulation.
                                 Learned counsel for the appellant submits that appellant is an innocent
                           person and he has been falsely implicated in this matter. Prosecutrix was major
                           at the time of incident and she remained in the company of appellant for period
                           of more than one and half month and did not raise any alarm at that point of
                           time, the appellant has already suffered jail incarceration of three years and 11
                           months, looking to old pendency of the cases for consideration, final
                           conclusion of this appeal would take sufficient long time. There is a strong case

                           in favour of the appellant. Hence, the execution of the remaining part of the jail
                           sentence of the appellant be suspended till the final disposal of this appeal.
                                 Per contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that as per the judgment of the trial court prosecutrix was major at the time of incident,

she remained in the company of appellant for more than one and half months, MLC (Ex.P-8) of prosecutrix does not corroborate the prosecution story, final conclusion of the appeal will also take sufficient long time, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No. 15615/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 9/4/2024 and on all such subsequent dates, which are fixed in this behalf.

Certified copy as per rules.

(ANIL VERMA) JUDGE

BDJ