Madhya Pradesh High Court
Mahesh vs The State Of M.P. on 10 February, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11582 of 2022
(MAHESH Vs THE STATE OF M.P.)
Dated : 10-02-2023
Shri Jitendra Bajpai - Advocate for appellant.
Shri Kapil Mahant - Panel Lawyer for respondent/State.
Record of the trial Court has been received.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.1186/2023, 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 the sole appellant Mahesh.
Appellant stands convicted vide judgment dated 02/12/2022 passed in
S.T.No.32/2017 by II Additional Sessions Judge, Sardarpur, District Dhar
(M.P.) under Sections 366, 344, 376(2)(< ) and 506(2) of Indian Penal Code,
1860 and has been sentenced to undergo 03 years RI with fine of Rs.1,000/-
and 01 year RI with fine of Rs.500/-, 10 years RI with fine of Rs.5,000/- and 02
years RI with fine of Rs.1,000/- respectively with usual default stipulation.
Learned counsel for the appellant submit that appellant is an innocent
person and he has been falsely implicated in this matter. During the trial
appellant was on bail and he has not misused the liberty granted to him.
Prosecutrix (PW-1) is a major lady and she lived with the company of the
present appellant for a period of two months. During the said period she did not
raise any alarm or made any complaint against the appellant. There are material
contradictions and omissions in the statement of the witnesses. Looking to old
Signature Not Verified
pendency of the cases for consideration, final conclusion of this appeal would
Signed by: TEJPRAKASH
VYAS
Signing time: 2/11/2023
10:22:01 AM
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 by submitting
that appellant and the prosecutrix belongs to same family and appellant has
misused his position and committed rape upon the the prosecutrix, therefore, he
does not deserve for any relief.
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
appellant was on bail during the trial; there is no complaint that he has misused
the liberty granted to him; prosecutrix is a major lady and she remained in the
company of present appellant for almost two months and final conclusion of
the appeal will also take sufficient long time. In view of the aforesaid facts and
circumstances of the case, I find it is to be a fit case to suspend the remaining
custodial sentence of the appellant.
Accordingly, I.A.No.1186/2023 is allowed and it is directed subject to
deposit of fine any 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 separate 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 01/08/2023 and on all such subsequent dates,
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/11/2023
10:22:01 AM
which are fixed in this behalf.
Registry is directed to list the appeal for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/11/2023
10:22:01 AM
