Antar Singh Sansi Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 1926 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 1760 of 2018
                                    (ANTAR SINGH SANSI PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 02-02-2023
                                 Shri Apoorv Joshi, learned counsel for the appellants.

                                 Shri    Chetan     Jain,    learned    Government       Advocate     for     the
                           respondent/State.

Heard on I.A.No.16211/2022 an application seeking deleting the name of appellant no.1-Antar Singh Sansi Patel.

In view of the order sheet dated 25.06.2019, there is no dispute that during the pendency of this appeal, appellant no.1-Antar Singh Sansi Patel expired in jail on 15.06.2019.

In view of the aforesaid, the application (I.A.No.16211/2022) stands allowed. Necessary correction be carried out in the cause title of the petition.

Heard on IA No.15412/2022, which is sixth application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant no.2-Dhaniya @ Dhanno solely on the ground of period of custody.

This appeal is filed by the appellants being aggrieved by the judgment dated 20.02.2018 passed by learned Additional Sessions Judge, Sarangpur, district Rajgarh Biora in Sessions Trial No.162/2014 whereby the appellant has been convicted for the offence under Sections 370(4) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.50,000/- with default stipulation.

Learned counsel for the appellant submits that out of 10 years of sentence, she has undergone 7 years of sentence. He further submits that Antar Singh expired, Savitri has almost completed her sentence. This appeal is of the Signature Not Verified Signed by: REENA JOSEPH Signing time: 02-02-2023 14:08:23

year 2018 and is not likely to come up for final hearing in near future and by that time the appellant no.2-Dhaniya will also complete the jail sentence. She is ready to deposit the fine amount which can be given to the minor victim for her future. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned Government Advocate opposes the application and prays for its rejection by submitting that there is minimum sentence of 10 years, as the abductee was minor.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties, period of custody and there is no

likelihood of early hearing of this appeal in near future, t h e application (I.A.No.15412/2022) is allowed subject to depositing the fine amount of Rs.50,000/-.

It is directed that the jail sentence of the appellant no.2-Dhaniya @ Dhanno shall remain suspended and she be released on bail upon her depositing the fine amount of Rs.50,000/- and also furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for her appearance before the Registry of this Court on 15.06.2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal. The amount be disbursed to the victim as directed by the trial Court in paragraph 34 of the judgment.

Accordingly, I.A.No.16211/2022 and I.A.No.15412/2022 stand allowed and disposed off.

Signature Not Verified Signed by: REENA JOSEPH Signing time: 02-02-2023 14:08:23

(VIVEK RUSIA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 02-02-2023 14:08:23